Legal Issues in Corrections EX1

24,519

89; 25

The collection of agencies that perform the functions that carry out the sentencing orders of criminal courts

Over 6.5 million

Over 50%

Abuse inmates

Many basic rights (they are still U.S. citizens)

Keeps the employees from getting sued.

-Beyond a reasonable doubt
-Proof by a preponderance of the evidence (51%)

To protect the loss of liberty.

Basic protections guaranteed by the Constitution.
-Because they are citizens, inmates also have constitutional rights.
-Foundation for their lawsuits.

-McKinney filed a section 1983 lawsuit claiming that involuntary exposure to tobacco smoke posed an unreasonable risk to his health (against the 8th).
-He argues that he would suffer from second hand smoke.
-Did the U.S.S.C. agree or disagree? They agreed.
-Exposure to harmful smoke is cruel and unusual.
-Does not have to have a current problem (Can apply to the possibility of the future).
-Allowed officials to control smoking in prisons and jails.

Even criminals possess certain inalienable rights

Recognizing specific individual rights through the 14th Amendment

Laws enacted by elected representatives

Permits judges to determine whether a law violates a state or federal constitution.

"Stare decisis" (let the decision stand)

Consistency and stability

Efficiency

Permits judges to examine whether or not other branches of government are violating the Constitution

Prior to 1960’s, Courts had a “hands-off” policy with respect to corrections
Prisoners referred to “slaves of the state.”
-“Forfeited his liberty…and personal rights.”
-“Bill of Rights governs freemen, and not of convicted felons”

Jurisdictions

Both state and federal courts

At least one.

94 Total

Four

the way in which the federal appellate courts are organized.
-Texas is in the 5th circuit court of appeals.

Texas, Louisiana, and Mississippi

When all judges hear the case.

Mistakes considered too minor to affect the outcome of a case.

Indigent offenders have a right to counsel at the trial and for the first appeal. They DO NOT, however, have a constitutional right to counsel after 1st appeal.

NO

People who represent themselves in court or an administrative hearing.

TRUE

1. Most people have plea bargained
2. Frivolous appeals
3. Some states have laws, which limit inmate appeals
4. Uneducated in the law (few offenders are educated enough to undertake the appeals process (i.e.: strict time limits, “legalese,” etc)).

Indigent offenders have a right to counsel at the trial and for the first appeal. They DO NOT, however, have a constitutional right to counsel after 1st appeal.

NO

People who represent themselves in court or an administrative hearing.

TRUE

1. Most people have plea bargained
2. Frivolous appeals
3. Some states have laws, which limit inmate appeals
4. Uneducated in the law (few offenders are educated enough to undertake the appeals process (i.e.: strict time limits, “legalese,” etc)).

The ability to “pick and choose” cases.
S.C. rarely accepts a case.

90; 5

They are private injuries or wrongful acts that result in an injury. It is a civil wrong

Remedies under civil law for harms suffered by a person or entity because of the actions of another person or entity.

-Personal injuries,
-Slanderous statements, or
-Property damage.

Crimes.

Intends to do wrong.
-Behaviors that are highly certain to cause injury to another.
Such as Punching someone in the face.

Because one Must prove that the officer’s actions were intentional.

Physical or mental through omission or commission

-The officer knew of the potential dangers and intentionally housed him there.

Failing to exercise due care through your behavior.
-An absence of care occurred.
-No intent needed.

If the officer’s conduct creates an unreasonable risk for anothers.

Failed to exercise reasonable care during duties, which lead to an injury.

Performing duties with reckless disregard of the consequences (this is needed for plaintiff to prevail).

1) a legal duty
2) Breach of that duty
3) Proximate Causation
4) Actual injury

May arise from laws, customs, judicial decisions, or agency regulations

Officers have a duty to exercise reasonable care with citizens

must prove that the officer owed it to you. Failing to perform that duty based on the facts of the situation

Must find a link between the injury and the officer

a result of the officer’s negligent conduct, it can be emotional. True life case: reporting the death of an inmate when the death did not occur.

Habeas Corpus

Habeas Corpus

-Inmate was imprisoned and did not have counsel.
-Educated himself on the law and filed a writ of habeas corpus, stating that his right to counsel was violated.

Habeas Corpus

Only 1%

one prisoner (Section 1983 can affect more than one prisoner)

Yes; within 10 days or less.

Violations of Constitutional rights (i.e.: 6th/5th Amendment).

Loss of “good time” credits—liberty interest

State crimes; federal habeas corpus; transfer their cases

Exhausted all state court remedies; constitutional right was violated.

-Wasteful of federal court time/$
-Raise issues of federalism
-Allow inmate to deny guilt

Places limit on the number of habeas corpus petitions that can be filed (previously-no limit).

1 year time limit(previously no limit)

Federally only available after all state remedies are exhausted.
Must follow all rules for filing or immediately dismissed.

The Supreme Court decided that inmates could sue prison officials.

Official must have acted “under color of state law” and…
Violated a person’s Constitutional right.

Between “mere negligence and less than acts for the purpose of harm”

Chosen among alternatives

Disregard for ones rights

Did the officer act with such a callous indifference toward another in time of need?

1)Failure to protect from pervasive (constant) risk at an institution
2)Failure to protect a prisoner after a specific threat.

The 2 inmates had been together on over (50) separate occasions and there were never any problems. Therefore, there was no reason to believe there would be now.

Nominal, compensatory, and punitive

the least possible

Monetary loss (value)

Designed to punish to deter.

malicious prosecution award of $75,000 for two months in detention and emotional distress.

5,000 punitive damages against 3 detention officers for repeatedly kicking a prisoner while shackled in bed.

No, she was not acting under the color of law because it was just a wreck.

Yes.

Yes. Smith vs. Wade

inmate was placed in a cell where he was severely injured. After, Smith was ordered to pay $25,000 in COMPENSATORY damage. Also had to pay $5,000 in PUNITIVE damages.

A trustee informed a guard that another inmate was on a hit list and was later attacked, is he liable? Yes
After failed to inform the inmate, he was attacked with a razor blade that was melted down into a toothbrush
Had the information, but failed to act

Scope of employment

indemnification (compensation for loss)

actions that were blatant or outside the officer’s authority.

More; you pay the rest

Judges, legislatures, prosecutors and parole board.

PROBABLY corrections officers too

Acting with the “intent to do no harm”? NO!
Not the intentions, but the actions.
“Acted in good faith”

Officer’s ACTIONS were based on policy.
ACTING in pursuant with a law.
ACTING out an order by a supervisor
ACTING out on advice by legal counsel

-have an advisory role for inmates and employees
-independent review
-time limits for institutions to respond
-priority processing procedures