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Wolff v. McDonnell, 418 U.S. 539 (1974)
Bell v. Wolfish, 441 U.S. 520 (1979)
Estelle v. Gamble, 429 U.S. 97 (1976)
Procunier v. Martinez, 416 U.S. 396 (1974)
Facts: In Wolff v. Mcdonnell, 418 U.S. 539 (1974), the inmates at a Nebraska prison filled a complaint against disciplinary measures at the prison contrary to the due process. In it they outlined the short comings of the prisons legal assistance program in meeting constitutional standards. They added that the prison's regulations governing inmates' mail were also unconstitutionally restrictive.
In the Bell v. Wolfish, 441 U.S. 520 (1979), the inmates filed a class action suit in the Court of Appeal against constitutionality of various confinement and practices in the Metropolitan Correctional Center. These included double bunking, publisher only rule, restricting books intended for inmates, prohibition of food and other items from outside as well as unnecessary inmate body cavity searches.
In Estelle v. Gamble, 429 U.S. 97 (1976), the respondent inmate filed a civil rights action against the Texas Department of Corrections medical director and two other officials who he claims subjected him to cruel and unusual punishment that violated his rights under the Eighth Amendment.
In the same line, the Procunier v. Martinez, 416 U.S. 396 (1974), was a class action opposing prisoner mail restriction regulations issued by the Director of the California Department of Corrections. In addition they also opposed the prohibition of the...
McDonnell, 418 U.S. 539 (1974) the Court of Appeals reversed the first ruling by the District court holding that in prison disciplinary proceedings, the outlined procedural requirements in Morrissey v. Brewer, 408 U.S. 471, and Gagnon v. Scarpelli, 411 U.S. 778, must be followed. The Court of Appeal agreed with the Districts Court's decision on attorney correspondence. On the third ruling, the court added prescriptions and ordered further proceedings to examine whether the state was abiding by the law in provision of legal assistance to prisoners under Johnson v. Avery, 393 U.S. 483 (1969).
In Bell v. Wolfish, 441 U.S. 520 (1979), the Court of Appeals upheld by affirming the rulings by the District Court that "double-bunking" practice that the MCC failed to show "compelling necessity" enough to justify such practice. Such practices as mentioned in the case do not deprive pretrial detainees of their liberty without due process of law in contravention of the Fifth Amendment.
In Estelle v. Gamble, 429 U.S. 97 (1976), the Court of Appeals reversed the dismissal of the case by the District Court on the ground that it failed to state a claim upon which relief could be granted.
In Procunier v. Martinez, 416 U.S. 396 (1974) The Court also ruled…
I regard to the ruling on the adequacy of the legal assistance in the In Wolff v. McDonnell, 418 U.S. 539 (1974), it was based on the reasoning that it is a civil rights matter that can be explored further in line with Avery, supra, at 490. However, in Procunier v. Martinez, 416 U.S. 396 (1974), the courts instituted a ban on attorney-client interviews conducted by law students or legal paraprofessionals. The court's reasoning here was that the latter was not a legal right.
Comments: It is in order that any deprivation or disciplinary action by the prison administration must undergo due process prior to imposition. These rights are a requirement whenever an inmate risks condemnation to a "grievous loss,'" Morrissey v. Brewer, 408 U.S. 471, 481. It is critical before the termination of welfare benefits. It is accepted that every inmate's liberty is circumscribed by their confinement, but the inmate's rights in this limited liberty is therefore important. The fact that one is convicted of a crime does not subject their rights to the mercies of the prison administration, and therefore the imposition of any serious punishment within the establishment must adhere to procedural safeguards.
In regard to the same line, inmates' privacy needs to be guaranteed. The court ruling on this matter is commendable. This is constitutional and need to be upheld.
Prisoner Rights The purpose of this study is to explore the issue of prisoner's rights. The topic of prisoner's rights has been subject to a lot of attention due to the recent controversies which are discussed in the study. Prisoners are often treated unfairly in the United States of America despite the constitution specifically providing forbids that in the Eighth Amendment. There are a various means of unfair treatment which the prisoners
'" (HRW) However, it is unreasonable to expect the prison officials to go out of their way to prevent rape, as the Human Rights Watch report seems to suggest. Only about one quarter of prison inmates are raped during their sentence, and the majority of these have some trait which provokes the victimization, such as being intellectual, white, young, effeminate, or a child-molestor. (HRW, 2) One cannot expect the guards
Prisoner Rights According to the American Association for Correctional and Forensic Psychology (AACFP), forensic psychologists " have an obligation to provide services in a manner consistent with the highest standards of their profession and are responsible for their own conduct and conduct of the individuals under their supervision." These words suggest that a higher code of conduct from the norms of society should dictate the actions of those in this profession.
'" 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
Prisoner Reentry Recommendations to Hillary Clinton Regarding Prisoner Re-Entry into Society Prisoner re-entry is a vitally important issue today which has yet to reach its full impact on the minds and lives of voters. However, with every passing year the importance of this topic becomes more evident. Since the eighties, every passing year has brought more pressure for harsher and longer imprisonment and more streamlined mandatory sentencing rules. This has not only
Legality of Prison Riots Once a riot is quelled in the situation that is described in this particular assignment, there are a couple of different charges that the state can bring against the prisoners. The most salient of these charges is hostage taking. It is unlawful for individuals to take another as a hostage, in much the same way that it is unlawful for those individuals to take a group