|
1.
|
A Court of Appeals affirmed that in a pretrial detainee facility double-bunking, enforcement of the publisher only rule, prohibition against receipt of packages from outside the institution, body ... Read More
|
1979
|
|
2.
|
This opinion holds that the double celling in question at the Ohio maximum security prison is not cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments. It overrules a ... Read More
|
1981
|
|
3.
|
The author expresses his opinion on the U.S. Supreme Court's decision in Wilson v. Seiter. The judgement of "deliberate indifference" will not inhibit successful challenges to hundreds of jail and ... Read More
|
1991
|
|
4.
|
Contents include: Foreword by Michael O'Toole; Orange County Corrections Addresses Needs of Women Offenders, by Georgette Thornton; Principles in the Use of Intermediate Sanctions, by Mark Kellar; ... Read More
|
1991
|
|
5.
|
Using a case law perspective, this 16-hour course provides an understanding of inmates rights and responsibilities. Contents include: historical perspective of correctional law; First Amendment; ... Read More
|
1993
|
|
6.
|
Developed to assist jail administrators, this document reviews the major legal issues concerning female inmates, including those arising under the Equal Protection Clause of the Fourteenth Amendment, ... Read More
|
1996
|
|
7.
|
The Constitution protects inmates in jails and prisons, and this paper discusses the continuing challenge of deciding what those protections mean in practice and the struggle to assure that inmate ... Read More
|
1998
|
|
8.
|
In this case before the U.S. Supreme Court, a prisoner had contended that his rights under the Americans with Disabilities Act (ADA) of 1990 were violated when he was denied acceptance into a boot ... Read More
|
1998
|
|
9.
|
Disenfranchisement laws affect a growing population. An estimated 1 in 50 adults has currently or permanently lost their ability to vote. This document provides an update to a previous report ... Read More
|
2000
|
|
10.
|
Prison and jails are "public entities", and as such need to provide handicapped inmates adequate access to services and programs. This article describes the experience of the Santa Clara Department ... Read More
|
2000
|
|
11.
|
This meeting focused primarily on topics related to the role of the jail in the local criminal justice system. Contents include: meeting highlights; justice system coordination and cooperation -- how ... Read More
|
2000
|
|
12.
|
This decision held that the "warrantless search of Knights, supported by reasonable suspicion and authorized by a probation condition, satisfied the Fourth Amendment (p. 1)."... Read More
|
2001
|
|
13.
|
A syllabus for the U.S. Supreme Court's opinion on McKune v. Lile is provided. This case involved the refusal of an inmate to participate in the Sexual Abuse Treatment Program (SATP) on the grounds ... Read More
|
2002
|
|
14.
|
Legal information critical for pro se (propria persona) litigants is presented. The following topics are addressed: overview of inmates' rights; excessive force and other abuse by jail and prison ... Read More
|
2002
|
|
15.
|
The court held that "Arizona's capital sentencing scheme violates the Sixth Amendment's jury trial guarantee by entrusting to a judge the finding of a fact raising the defendant's maximum penalty" ... Read More
|
2002
|
|
16.
|
The court held that "[e]xecutions of mentally retarded criminals are 'cruel and unusual punishments' prohibited by the Eighth Amendment" (p. 1).... Read More
|
2002
|
|
17.
|
Findings of violations and recommended remedial procedures in regards to federal constitutional rights of prisoners are presented. The following sections comprise this report: background; findings ... Read More
|
2003
|
|
18.
|
The court affirmed the district court's granting of summary judgment dismissal. The plaintiff argued that the use of female prison guards for tier duty in his residential area violated his right to ... Read More
|
2003
|
|
19.
|
An article discussing the impact of U.S. v. Scott C.D.O.S. 8214 which involves warrantless searches and Fourth Amendment rights is available at this website. In short, "if a defendant agrees to ... Read More
|
2003
|
|
20.
|
The need to adopt same-sex supervision for both female and male inmates in U.S. prisons is explained. This article is divided into the following four parts: the context of the problem -- early ... Read More
|
2003
|
|
21.
|
"Held: The DSL (determinate sentencing law), by placing sentence-elevating factfinding within the judge's province, violates a defendant's right to trial by jury safe-guarded by the Sixth and ... Read More
|
2003
|
|
22.
|
State sentencing systems affected by Blakely and ways to respond to Blakely and maintain judicial sentencing authority are examined. Blakely will fundamentally affect six states with presumptive ... Read More
|
2004
|
|
23.
|
The "legal considerations raised by Blakely and . . . further implications of the ruling within and beyond state structured sentencing systems" are discussed (p. 2). This report is comprised of the ... Read More
|
2004
|
|
24.
|
"Held: Because the facts supporting petitioner's exceptional sentence [increased by the judge from the maximum sentence of 53 months to a statutorily enumerated sentence of 90 months] were neither ... Read More
|
2004
|
|
25.
|
The delivery of adequate and efficient defense services for indigent individuals is examined. Following an executive summary are these nine parts: introduction; problems in indigent defense -- lack ... Read More
|
2004
|
|
26.
|
Issues surrounding the unprecedented and disproportionate increase in the numbers of incarcerated African Americans are discussed. Sections comprising this briefing paper include: overview; causal ... Read More
|
2004
|
|
27.
|
A monograph "intended to help prisons operate ultra-high-security facilities in a way that minimizes liability in litigation" is presented (p. v). Section contained in this manual include: executive ... Read More
|
2004
|
|
28.
|
A copy of an Agreement between the U.S. DOJ and the Arizona Department of Juvenile Corrections to address violations of juveniles' rights can be found at this website. This document is made up of ten ... Read More
|
2004
|
|
29.
|
This website provides access to an agreement between the U.S. DOJ and Santa Fe County regarding medical care provided to inmates. Sections of this document are: definitions; introduction; medical ... Read More
|
2004
|
|
30.
|
This brief reviews the "evidence that Defendants, in arbitrarily denying him [the Plaintiff] protection from rape, stated that they do not protect homosexuals, that homosexuals enjoy being raped and ... Read More
|
2004
|
|
31.
|
Conditions violating "the constitutional or federal statutory rights of children in juvenile justice institutions" are investigated (p.1). Sections of this report are: background; legal standards; ... Read More
|
2004
|
|
32.
|
Access to a syllabus in which the U.S. Supreme Court concludes that the "Sixth Amendment as construed in Blakely applies to the Federal Sentencing guidelines" can found at this website. The Seventh ... Read More
|
2005
|
|
33.
|
This article explains how United States v. Booker offers little guidance to those individuals at the state level involved in offender sentencing. Topics covered include: unpacking the Booker ... Read More
|
2005
|
|
34.
|
The court held theta the "procedures by which Ohio's New Policy classifies prisoners for placement at its Supermax facility provide prisoners with sufficient protection to comply with the Due Process ... Read More
|
2005
|
|
35.
|
Recommended changes to federal sentencing statutes due to "Blakely v. Washington" and "U.S. v. Booker" are provided. "Blakely v. Washington" found a maximum sentence increased by a judge to be a ... Read More
|
2005
|
|
36.
|
"Held: Section 3 of RLUIPA [Religious Land Use and Institutionalized Persons Act of 2000], on its face, qualifies as a permissible accommodation that is not barred by the Establishment Clause [of ... Read More
|
2005
|
|
37.
|
Changes made in the provision of prison health care services by the Texas Department of Criminal Justice are examined. Five chapters comprise this dissertation: statement of the problem; ... Read More
|
2005
|
|
38.
|
"Held: The Eighth and Fourteenth Amendments forbid imposition of the death penalty on offenders who were under the age of 18 when their crimes were committed" (p. 1).... Read More
|
2005
|
|
39.
|
A Memorandum of Agreement between the U.S. Department of Justice and the State of Maryland regarding certain conditions at the Baltimore City Detention Center that violated the constitutional rights ... Read More
|
2006
|
|
40.
|
A Memorandum of Agreement (MOA) addresses the "use of resources to support and improve mental health care at Taycheedah" (p. 1). Sections contained in the MOA include: introduction; definitions; ... Read More
|
2006
|
|
41.
|
The impact of United States v. Booker is assessed. Seven chapters follow an executive summary: introduction; post-Booker appellate jurisprudence; implementation of the advisory guideline system; ... Read More
|
2006
|
|
42.
|
#1The issue of whether a contractual agreement between the Iowa Department of Corrections (DOC) and InnerChange Freedom Initiative violates the Establishment Clause of the First Amendment is ... Read More
|
2006
|
|
43.
|
The issue of whether restricting the availability of newspapers, magazines, and photographs to level 2 inmates housed in the Long Term Segregation Unit (LTSU) involves a violation of the First ... Read More
|
2006
|
|
44.
|
Comments "on the periodic report of the United States submitted to the Human Rights Committee in [the] October 2005 report ("Report"), as it pertains to domestic criminal justice issues" are provided ... Read More
|
2006
|
|
45.
|
The continuing failure of the United States to comply with the International Covenant on Civil and Political Rights (ICCPR) is documented. Disregard of the ICCPR by the U.S. regarding the following ... Read More
|
2006
|
|
46.
|
Changes to federal crack cocaine sentencing due to the Supreme Court decision of United States v. Booker are examined. This briefing paper discusses: key findings; 24 federal court decisions in 2005 ... Read More
|
2006
|
|
47.
|
The argument “that courts mistakenly limit prisoners’ Eighth Amendment right to basic medical care when they defer to prisons that apply HCV [hepatitis C virus] policies as categorical rules of ... Read More
|
2006
|
|
48.
|
RE: Investigation of Delaware Correctional Center, Smyrna, Delaware; Howard R. Young Correctional Institution, Wilmington, Delaware; Sussex Correctional Institution, Georgetown, Delaware; John L. Webb Correctional Facility, Wilmington, Delaware; and Delores J. Baylor Women's Correctional Institution, New Castle, Delaware
Results of an investigation regarding the conditions and practices at five Delaware Department of Corrections facilities are presented. Findings are given for: medical care; sick call; acute care; ... Read More
|
2006
|
|
49.
|
The district court affirmed the decision that a state department of corrections is liable for the failure of prison officials to eradicate a hostile work environment due to the sexual harassment of ... Read More
|
2006
|
|
50.
|
"In short, just as the federal judiciary had to limit state isolationist efforts vis-a-vis economic and commercial matters, so too must it now be prepared to limit state efforts to isolate themselves ... Read More
|
2006
|
|
51.
|
Links to documents and information from civil rights cases, some under litigation, are provided at this website. Points of entry include: about the collection; frequently asked questions; ... Read More
|
2007
|
|
52.
|
This publication "reviews the history of correctional law and summarizes the results and effects of major court decisions" (p. 4). Sections comprising this document include: introduction; history of ... Read More
|
2007
|
|
53.
|
The filings of habeas corpus cases by state prisoners under the Antiterrorism and Effective Death Penalty Act in U.S. District Courts are examined. This report is divided into five parts: ... Read More
|
2007
|
|
54.
|
Results from an investigation of the Wilson County Jail (in Lebanon, TN) are supplied along with recommended remedial measures. Sections of this report include; background -- facility description and ... Read More
|
2007
|
|
55.
|
The constitutional right to treatment for gender identity disorders (GID) by transsexuals is examined. The argument goes that discontinued treatment is a violation of the Eighth Amendment claim ... Read More
|
2007
|
|
56.
|
Results from the U.S. Department of Justice Civil Rights Division's investigation of the conditions at the Marion County Juvenile Detention Center are provided. Sections of this report are: ... Read More
|
2007
|
|
57.
|
The judgment that sentencing 13- and 14-year-old children to life imprisonment with no possibility of parole is cruel and unusual punishment according to the Eighth Amendment is explained. Sections ... Read More
|
2007
|
|
58.
|
It is argued by a group of amici, led by the Florence Immigrant and Refugee Rights Project, that "protracted and unreasonable periods of detention pending removal proceedings . . . degrade ... Read More
|
2007
|
|
59.
|
This Agreed Order covers certain conditions of confinement at the Dallas County Jail which violate the constitutional rights of the inmates. Sections comprising this document are: introduction; ... Read More
|
2007
|
|
60.
|
Results from an investigation of conditions at the King County Correctional Facility (KCCF) are presented. Sections of this report are: background; legal standards; findings regarding inadequate ... Read More
|
2007
|
|
61.
|
The denial of particular constitutional rights of youth confined at the Cheltenham Youth Facility, Charles H. Hickey, Jr. School, and Baltimore City Juvenile Justice Center (all located in Maryland) ... Read More
|
2007
|
|
62.
|
The legal use of subdermal implanted RFID (radio frequency identification) transmitters is investigated. This paper is divided into three parts: what is RFID, how do RFID implants work, and why use ... Read More
|
2007
|
|
63.
|
Conditions that led to the violation of the constitutional rights of juveniles confined to the Evins Regional Juvenile Center (Edinburg, TX) are reported and addressed. Sections of the Complaint are: ... Read More
|
2007
|
|
64.
|
The author argues that the unnecessary and inhumane use of pancuronium or similar paralyzing drugs for human lethal injections is illustrated by the ban on their use in the euthanasia of animals. ... Read More
|
2008
|
|
65.
|
This Consent Decree resolves litigation concerning conditions of confinement that violate the constitutional rights of inmates at the L.E. Rader Center in Sand Springs, Oklahoma. Sections of this ... Read More
|
2008
|
|
66.
|
Conditions at the Worcester County Jail and House of Correction in West Boylston, Massachusetts, that violate the constitutional rights of inmates are explained. This report is divided into the ... Read More
|
2008
|
|
67.
|
A Memorandum of Agreement (MOA) between the U.S. Department of Justice and the Garfield County Jail and Garfield County Work Center (Oklahoma) is provided. This MOA has these sections: introduction; ... Read More
|
2008
|
|
68.
|
Claims regarding the violation of constitutional and federal statutory rights of confined youth at the Scioto Juvenile Correctional Facility and the Marion Juvenile Correctional Facility are resolved ... Read More
|
2008
|
|
69.
|
Conditions at the Cook County Jail in Chicago, Illinois that violate the constitutional rights of inmates are explained. This findings letter is comprised of the following sections: background; ... Read More
|
2008
|
|
70.
|
This Second Amended Settlement Agreement addresses the denial of particular constitutional rights of youth confined in three Maryland juvenile facilities -- Cheltenham Youth Facility, Charles H. ... Read More
|
2008
|
|
71.
|
This settlement agreement between the U.S. and the Wilson County Jail regards certain conditions that violate the constitutional rights of those jailed. Sections comprising it are: introduction; ... Read More
|
2008
|
|
72.
|
A Settlement Agreement created to address the lack of compliance with a Memorandum of Agreement (MOA) dealing with rectifying violations of constitutional or statutory rights of prisoners is ... Read More
|
2008
|
|
73.
|
The problem of religious discrimination in correctional facilities is examined. Sections contained in this briefing are: introductory remarks by the Chairman; speakers' presentations -- "Panel 1 -- ... Read More
|
2008
|
|
74.
|
Conditions that violated federal constitutional requirements are noted with recommendations for their improvement. Sections of this document are: description of the jail; legal framework; ... Read More
|
2008
|
|
75.
|
Results from this evaluation of conditions at the Erie County Holding Center and the Erie County Correctional Facility (located in Erie County, NY) are presented. This report covers the following ... Read More
|
2008
|
|
76.
|
Constitutional issues related to the civil commitment of sexually violent predators in Washington are addressed. This paper is divided into five parts: the U.S. Supreme Court's civil commitment ... Read More
|
2008
|
|
77.
|
The court finds that the "policy or practice of strip searching all arrestees as part of booking them into the general population of a detention facility, even without reasonable suspicion to believe ... Read More
|
2008
|
|
78.
|
This article explains why constitutional remedies are needed to address "serious flaws" in lethal injection practices. Sections following an abstract are: introduction; an overview of lethal ... Read More
|
2009
|
|
79.
|
Issues surrounding legal challenges to the use of lethal injection are discussed. This chapter contains sections covering: background; brief history of execution methods; lethal injection's ... Read More
|
2009
|
|
80.
|
The right of federally incarcerated female offenders to have an abortion is examined. Sections of this article include: the current state of prisons and prisoners’ rights -- pregnancies in prison, ... Read More
|
2009
|
|
81.
|
Results from an evaluation of conditions at the Harris County Jail (Houston, TX) are presented. This report is divided into four sections: jail description; legal framework; constitutional ... Read More
|
2009
|
|
82.
|
A voluminous response is presented that explains why Harris County “reflectively disagrees with the [U.S. Justice Department’s assertions that any of its practices or conditions have been or are ... Read More
|
2009
|
|
83.
|
This report "examines three provisions of the PLRA [Prison Litigation Reform Act] -- the exhaustion requirement, the physical injury requirement, and the law's application to children - and their ... Read More
|
2009
|
|
84.
|
Issues surrounding the limited right of an inmate to receive publications through the mail are discussed. Topics addressed are: legal test; total ban on receipt of publications; news and political ... Read More
|
2009
|
|
85.
|
The "increasing practice of prolonged or permanent solitary confinement [i.e., supermax prisons] constitutes cruel and unusual punishment in violation of the Constitution, and whether it violates ... Read More
|
2009
|