Legal Aspects of Corrections Management

by Cripe, Clair A.; Pearlman, Michael G.; Kosiak, Daryl

• ISBN13: 9781449639402
• ISBN10: 1449639402
• Edition: 3rd
• Format: Paperback
• Copyright: 2012-02-29
• Publisher: Jones & Bartlett Learning

Summary

This updated third edition of Legal Aspects of Corrections Management provides a current, informative, and reader-friendly discussion of the contemporary legal issues impacting corrections management. Through the use of case law, this text provides readers with a practical understanding of how the First, Fourth, Fifth, Eighth and Fourteenth Amendments relate to the day-to-day issues of running a prison, jail, and other corrections programs, such as probation and parole. The authors' combined corrections experience included such positions as General Counsel, Regional Counsel, and Correctional Program Officer, as well as working within corrections facilities. Their work involved advising corrections staff and management on the legal issues associated with policies and procedures. The authors also have extensive teaching experience in corrections law, the criminal justice system, and criminology. The benefits of such experiences are reflected in the comprehensive coverage of topics in this accessible and updated Third Edition.New to the Third Edition:-All cases and statistical information has been thoroughly updated.-Contains many new photos and figures throughout-New sections include: *Inmates and the News Media *Religious Land and Institutionalized Persons *Double Jeopardy *DNA Collection *Searches of Non-Inmates *Legal Challenges to the Method of Execution *Standards of Employee Conduct *Fair Labor Standards Act *Portal-to-Portal Act *Title VIII and Inmate Created Hostile Work Environment *The American with Disabilities Act *Death Penalty for Juvenile OffendersKey Features:-Includes engaging real-world examples of common problems and occurrences in corrections to provide students and practitioners with a good understanding of the legal aspects of corrections management.-Provides insight into the legal steps that should be anticipated in a correctional lawsuit.-Provides an accessible and easy-to-understand collection of Supreme Court and significant lower court rulings on key issues in corrections. With the focus on Supreme Court cases, the text has applicability nationwide.-Focuses on constitutional issues affecting such areas as inmate correspondence, visiting, and religion (First Amendment); search and seizure, privacy (Fourth Amendment); due process (Fifth and Fourteenth Amendments); equal protection (Fourteenth Amendment); and the death penalty, conditions of confinement (cruel and unusual punishment), and health care (Eighth Amendment).-Includes coverage of statutory and administrative law, as well as chapters on probation and parole, jails, juveniles, privatization, and the loss of rights of convicted persons.-Includes examples of relevant documents, such as a civil complaint; a sample pre-sentence investigation; a listing of inmate rights and responsibilities; of misconduct charges; and of mission statements for departments of corrections.-Instructor resources include an Instructor's Manual, Test Bank, and PowerPoint Lecture Outlines.

Table of Contents

PartI Sources of Corrections Law
Chapter1 An Introduction to the Law and to the Legal Aspects of Corrections Management
Chapter2 Corrections and the Criminal Justice System
Chapter3 Habeas, Torts, and Section 1983
Chapter4 Going to Court
PartII Constitutional Law of Corrections
Chapter5 A General View of Prisoners' Rights Under the Constitution
Chapter6 Access to Courts
Chapter7 First Amendment: Inmate Mail
Chapter8 First Amendment: Inmate Association Rights and Visiting
Chapter9 First Amendment: Religion
Chapter10 Fourth Amendment: Search and Seizure, and Privacy
Chapter11 Fifth and Fourteenth Amendments: Due Process--Inmate Discipline
Chapter12 Fifth and Fourteenth Amendments: Due Process--Classification, Transfers, Personal Injuries, and Property Loss
Chapter13 Fourteenth Amendment: Equal Protection--Female Offenders and Others
Chapter14 Eighth Amendment: The Death Penalty and Other Sentencing Issues
Chapter15 Eighth Amendment: Conditions of Confinement--Cruel and Unusual Punishment
Chapter16 Eighth Amendment: Health Care
Chapter17 Probation and Parole, Community Corrections, and Fines
PartIII Statutory and Administrative Law, Jails, Juveniles, Privatization, and Other Special Issues in Corrections
Chapter18 Statutory and Administrative Law
Chapter19 Federal Statutes: Equal Employment, Disabilities, and Tort Claims
Chapter20 Jails
Chapter21 Juveniles and Young Offenders
Chapter22 Privatization Issues in Corrections
Chapter23 Loss of Rights of Convicted Persons
Chapter24 In Conclusion: A Postscript
Appendix1 Sample Presentence Report
Appendix2 Conditions of Supervised Release
Appendix3 Example of an Inmate Complaint for Injunctive and Declaratory Relief
Appendix4 Example of an Inmate Complain Under 42 U.S.C. 1983
Appendix5 Instructions for Filing a Complaint by a Prisoner Under 42 U.S.S. 1983
Appendix6 Prohibited Acts and Disciplinary Severity Scale
Appendix7 Collateral Consequences of a Felony Conviction