Legal Aspects of Corrections

15. What is due process in a prison setting?

What amendment?

Wolff requirements
1. Written Notice of charges (24 hrs in advance)‏
2. Opportunity to present documents and call witnesses
3. Counsel substitute (for certain inmates)‏

14th Amendment

16. What Safeguards are there for taking good time?
What is an inmate allowed to do?
must screen each publication; give written reasons if rejected, decision is appealable
17. Strict scrutiny v. Reasonably related
Only if it an important or substantial government interest and is no greater than necessary or essential to protect that interest ; marriage, mail
18. Look at 4 factors in Turner V. Safety do determine if a regulation passes the reasonably related text and know how to apply them.
*Legitimate and Neutral
– Court says that they are legitimate “beyond question” and does not spend a lot of time
– Neutral because they are content neutral (explain this)
*Alternative means of exercising right remain open
– A broad range of publications are allowed – not a significant 1st amendment restriction
*Impact on others (prisoners and guards)
* Is this an “exaggerated response” is there an obvious alternative
– Court says no
19. Wolf v. Mcdonell relied on the Morrissey case. What did the Morissey case decide?
disiplinary hearings,
Parole & Vacation
20. Ruiz is what type of lawsuit?
1983 Case/statute
21. What is injunctive relief?
Stop actions (Ruiz v. Estelle in the 1983 action that was filed in June 1972 for violation fo inmates’ constitutional rights.)
22. How did Ruiz tell TDCJ to alleviate overcrowding – What orders were given to TDCJ?
1983 action filed in June 1972 seeking declaratory and injunctive relief for constitutional violations. Joined with other lawsuits

Court’s decision:
No hard and fast rule for individual space for each inmate, must be considered on a case by case basis
Court suggests 50 sq. foot is a good basis
TDC will:
Make a “prompt and expeditious end to tripple celling
Elimination of double celling in 45 and 60 sq. ft cells
Alleviation of intensive overcrowding in dorms

23. What type of inmates were new guards told to be particularly harsh to?
writ writers
24. Building tenders were used as TDC as what? What special privileges are they given? What type of inmate are they typically?
“building tenders” and “politicians”

Tenders received special privileges
Cells unlocked
Roam around at will
Furniture
Pets
More time out
No shakedowns

serving longer sentences and have usually been convicted of violent crimes

25. How does staff brutality violate the 14th amendment?
Unwarranted staff brutality violated the 8th and 14th amendment

Brutality by officers widespread “nothing short of routine”
“Unmercifully beaten with fists and clubs, kicked, and maced by officers.”
Writ writers are beat even though they do not violate rules
Inmates are beat as a disciplinary procedure instead of a hearing

26. How was TDC ordered to improve under-staffing?
– good time

State law against it an state has a legal duty to protect
Unwarranted staff brutality violated the 8th and 14th amendment

What amendment for medical care – what protects good time once given?
8th amendment protects medical care

the constitution protects good time