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Punishment and Corrections Week 5

by: Katerina Patrinos

Punishment and Corrections Week 5 Sociology 378

Marketplace > University of Wisconsin - Whitewater > Sociology > Sociology 378 > Punishment and Corrections Week 5
Katerina Patrinos
GPA 3.7
Sociology of Punishment and Corrections
Dr. Gregory

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Sociology of Punishment and Corrections
Dr. Gregory
Class Notes
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This 6 page Class Notes was uploaded by Katerina Patrinos on Tuesday October 13, 2015. The Class Notes belongs to Sociology 378 at University of Wisconsin - Whitewater taught by Dr. Gregory in Summer 2015. Since its upload, it has received 10 views. For similar materials see Sociology of Punishment and Corrections in Sociology at University of Wisconsin - Whitewater.


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Date Created: 10/13/15
Sociology of Punishment and Corrections 101315 549 PM Prisoners constitutional rights 0 Question under what constitution do prisoners havenot have rights while incarcerated 0 Rights based on constitution state and federal and statues 0 Rights not absolute but are interpreted in light of legitimate institutional needs of prison administration including Institution security Order and discipline Rehab of the inmate History of Prisoners rights 0 Hands off 0 Up to 605 0 Hands on o 6079 5 0 Due deference 0 80 s hands off era upheld until the 1960 s prisoners considered slaves of the state 0 courts ignored most prisons no formal process for grievance Holt b Sarver 1970 0 Arkansas prison system unconstitutional o Ordered state to devise plan of action 0 Gave inmates access to court proceedings First time courts said inmates have rights Hands on era 0 Needs to be a process so inmates an be Heard 0 19601980 0 political climate in the 1960 s became receptive to pressed groups 0 judges began to accept cases involving alleged prisoners civil rights violations and became involved in the oversight of prisoners o a prisoner does not shed his basic constitutional rights at the prison gatequot 0 Ruiz v Estelle 1972 0 David Ruiz filled suit for Overcrowding Inadequate security Inadequate health care Unsafe working conditions Severe and arbitrary disciplinary procedures 0 Court ruled in plaintiffs favor o Sweeping charges ordered in states prison system 0 Ruling reversed the hands off doctrinequot Due deference 0 1980 s 0 judges began deferring to prison decisions as much as possible 0 political climate again swung to more punitive 0 judges became less interested in accepting petitions due to 0 increased number of inmates which included increase petitions limited finances more punitive attitudes changing US supreme court Relevant Amendments in Correctional law First amendment issues involve the censorship of mail freedom of speech expression association and religion 0 Mail may be censored only if it threatens security internal order or inmate rehabilitation Bombmaking mail Escaping instructions Describesencourages criminal behavior Sexual explicit 0 Freedom of association courts have determined that inmates do not have a constitutional right to visitations Institutions must prove such visitations jeopardize the security of an institution 0 4th amendment prohibits unreasonable search and seizures O O forget about it Prisoner do not have constitutional right to prohibit searches and seizures while in a correctional facility 0 6th amendment right to a speedy trial 0 courts have instructed institutions to make good faithquot efforts in bringing inmates to trial 0 8th amendment prohibits cruel and unusual punishment 0 these cases focus on conditions of confinement treatment of prisoners and death penaltyexecution 3 prong test for cruel and unusual punishment does it shock the consciencequot is it unnecessarily cruel u Had other options Dos it exceed legitimate institutional aims a Is it too harsh Cruel and unusual prison conditions totality of conditionsquot could be used in determination inmates must not only prove a certain behavior was cruel and unusual but also that it results from the deliberate indifference of prison officials a deliberate knew but didn t care a neglect unintentional solitary confinement courts have ruled that solitary confinement by itself is not unconstitutional court have said that length of time and conditions in which inmates are confined MAY be deemed cruel and unusual Physical abuse Corporal punishment is out Use of force is unconstitutional if applied maliciously and sadistically for the sole purpose of causing harm a Hudson v McMillan 1992 Medical Care Total and intentional denial of medical care is an 8th amendment violation Estelle and gamble Deliberate indifference to serious medical needs of inmates constitutes the unnecessary and wanton infliction of pain Watched a video an experiment with Sensory Deprivation 101315 549 PM 101315 549 PM


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