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NCJ Number: 49808 Find in a Library
Title: IMPACT OF COURT DECISIONS ON THE CORRECTIONAL PROCESS
Journal: CRIME AND DELINQUENCY  Volume:20  Issue:2  Dated:(APRIL 1974)  Pages:129-134
Author(s): S RUBIN
Corporate Author: National Council on Crime and Delinquency
United States of America
Date Published: 1974
Page Count: 6
Sponsoring Agency: National Council on Crime and Delinquency
Des Moines, IA 50316
Format: Article
Language: English
Country: United States of America
Annotation: THE ASSERTION BY CORRECTIONAL ADMINISTRATORS THAT COURT DECISIONS IMPAIR THE EFFECTIVENESS OF CORRECTIONAL PROGRAMS BY RESTRICTING THE DISCRETION OF ADMINISTRATORS IS COUNTERED.
Abstract: THE QUESTION OF THE IMPACT OF JUDICIAL DECISIONS ON CORRECTIONS IS CONSIDERED IN TERMS OF SENTENCING, THE RIGHTS OF PRISONERS, AND THE RIGHTS OF PROBATIONERS AND PAROLEES. IT IS SUGGESTED THAT THE COURTS ARE IMPEDING THE CORRECTIONAL PROCESS, BUT NOT BY INTERFERING WITH THE DISCRETIONARY POWERS OF PRISON ADMINISTRATORS. COURT DECISIONS THAT ARE DETRIMENTAL TO THE CORRECTIONAL PROCESS ARE NOT THE FEW THAT FAVOR PERSONS WHO ARE SENTENCED AND IMPRISONED (E.G., REQUIREMENT OF DEFENSE COUNSEL AT PAROLE, DISCIPLINARY, AND VIOLATION HEARINGS), BUT RATHER THE MANY THAT FAVOR CORRECTIONAL ADMINISTRATORS, WARDENS, AND PAROLE BOARDS. MOST COURTS MAINTAIN A HANDS-OFF POLICY THAT ALLOWS ABUSES TO CONTINUE TO THE DETRIMENT OF PRISONERS, PROBATIONERS AND PAROLEES, AND TO THE CORRECTIONAL SYSTEM. MOST DECISIONS UPHOLDING RIGHTS OF INMATES, PAROLEES, AND PROBATIONERS, ARE RESISTED BY ADMINISTRATORS AND HAVE LITTLE RESTRAINING EFFECT ON ADMINISTRATIVE DISCRETION. CORRECTIONAL ADMINISTRATORS ARE REMINDED THAT THEIR POWER IS GREAT AND, IF EXERCISED WITH SYMPATHY TO GRIEVANCES, COULD IMPROVE THE EFFECTIVENESS OF CORRECTIONS. AS AN EXAMPLE OF THAT POWER, AN ADMINISTRATIVE ORDER THAT DRASTICALLY REDUCED THE JUVENILE TRAINING SCHOOL POPULATION IN MASSACHUSETTS IS CITED. (AUTHOR ABSTRACT MODIFIED--LKM)
Index Term(s): Judicial decisions; Prisoner's rights
Note: PRESENTED AT THE MIDDLE ATLANTIC STATES CONFERENCE OF CORRECTIONS, ATLANTIC CITY (NJ), MAY 8, 1972
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=49808

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