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¶ … Susan P. Sturm titled: "The Legacy and Future of Corrections Litigation" details the importance of litigation to correctional reform, the correctional and legal landscape within the Prelitigation era, and the impact of litigation on the management and organization of correctional institutions. Litigation within federal courts comes as a routine and integral part of corrections management. Because of its importance in corrections management, it has been made obligatory upon corrections officials to recognize more the legal issues that were often in the past left to corrections counsel.
One good example is the "mootness" doctrine, that while seems highly legalistic, is not so much the case. Mootness is not simply and solely an apprehension for the department of corrections council. Rather, certain decisions with direct association to mootness are commonly made by said corrections administrators not having consulted with corrections council. Making such decisions can have a major impact on results of litigation, particularly in federal court. For instance, the decision of transferring an inmate to another facility or unit within the same facility or not. Another is any decision on policy changes that concern a prisoner's diet, grooming, religious practices, and so forth. These decisions are squarely made by corrections administrators.
If corrections management is to be effective, it requires an understanding on the part of corrections...
Litigation involves legal proceedings and legal actions that can and will dictate the life of a prisoner. Therefore, it is important to understand how things relate to each other and what consequences the actions of people within the legal system that have the power to change things for the better or make them worse. Sturm's piece is meant to highlight such problems within the court system. It shows and provides context into what could be wrong.
Cruel and unusual punishment within the context of the 8th amendment began with the idea that prisoners should not be punished to the extent that it would cause severe suffering. Before the 8th amendment, prisoners were "drawn and quartered," and beaten in order to make them confess. As society's sense of decency evolved, people began to expect a more civil way to punish criminals. Cases that involved how many times a person can be electrocute in the electric chair, drew headlines.
Ingraham v. Wright for example, considered the use of corporal punishment in public schools in Florida. Instances of students receiving hematomas from paddling and broken arms shows the effect of corporal punishment in public schools. While the Court did not find these kinds of punishments as direct violations of the 8th Amendment, it shows the extent cruel and unusual punishment can be taken when applied to areas not in the…
'" Two steps if taken, however, would almost halve our prison population. First, repeal state laws that now mandate the incarceration of drug offenders and develop instead many more public and private treatment centers to which nonviolent drug abusers can be referred. Second, stop using jails or prisons to house the mentally ill. Tougher sentencing is being justified, in part, by the widespread belief that incarceration is the chief reason violent crime
The average felony sentence imposed upon federal and state offenders in 1996 was 62 months, or just over 5 years. On average these prisoners actually serve 45% of a state sentence for a mean prison stint of 2 years and 4 months, and 85% of a federal sentence for a stint of 4 years and 5 months. Once they are released, the recidivism rates are high. According to Lin
In the United States alone, sexual attacks in prison are considered rape when penetration occurs. It is estimated that inmates are approached with unwanted sexual advances over 80,000 times per day (Anderson, 2001). Other more shocking statistics are (Anderson, 2001): There is an estimated 300,000++ instances of prison rape a year. Among this, 196,000 are estimated to happen to men in prison while 123,000 are estimated to happen to men in
This gave the immediate need to contract the prison facilities. Literature review Extant literature has been dedicated to the topic of privatization of the rather publicly run correctional facilities in America. These literatures have been mixed and contain mixed views of proponent for privatization and its opponents alike. The literatures therefore have expressed favors of the system as well as critical of it. There also exists another category expressing pure criticism.
open and closed system models in criminal justice. Specifically it will define open and closed system models of organizations and explain why it is important that the criminal justice professional should know the differences between these models. It will also provide a specific organizational example of each type of organization, one for open systems and one for closed systems, and describe how these organizations meet the criteria of either
Reducing Prison Overcrowding Prison overcrowding is an unsettling national problem to the United States and Canada. The United States has the biggest prison population in the world and Canada's is the fourth. The race for limited resources has been consistently outpaced by the continuous increase in the prison population. This study explores the causes and factors of prison overcrowding and inexpensive ways of addressing or solving it. It uses the combined