skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 51024 Find in a Library
Title: PRISON REFORM - THE JUDICIAL PROCESS
Journal: CRIMINAL LAW REPORTER  Volume:23  Issue:17  Dated:(AUGUST 2, 1978), SUPPLEMENT
Author(s): J A JENKINS
Corporate Author: Bureau of National Affairs
United States of America
Date Published: 1978
Page Count: 14
Sponsoring Agency: Bureau of National Affairs
Washington, DC 20037
Sale Source: Bureau of National Affairs
1231 25th Street, NW
Washington, DC 20037
United States of America
Language: English
Country: United States of America
Annotation: THIS PAPER CONSIDERS JUDICIAL INVOLVEMENT IN PRISON LITIGATION AND REFORM AND IN THE DISPOSITION OF CASES.
Abstract: THERE IS MORE JUDICIAL ACTIVISIM AT THE UNITED STATES DISTRICT COURT LEVEL, WHERE JUDGES HAVE AN OPPORTUNITY TO SEE CONDITIONS FIRST HAND, THAN AT HIGHER COURT LEVELS. A PRISON-REFORM DECISION MADE BY THE U.S. DISTRICT COURT IN RHODE ISLAND IS CONDUCIVE TO REFORM AND HAS IMPLICATIONS FOR THE PRISON SYSTEM NATIONALLY. THE CASE IS SIGNIFICANT FOR CONDITIONS-OF-CONFINEMENT DECISIONS, AND SEVERAL ELEMENTS NECESSARY FOR EFFECTIVE REFORM HAVE CONVERGED IN THE STATE TO CREATE EXCELLENT CONDITIONS FOR REFORM. THE JUDGE IN THE CASE NOTED THAT FEDERAL COURTS ARE PROPERLY RELUCTANT TO INTERFERE WITH THE OPERATION OF STATE PRISONS BUT ACKNOWLEDGED THAT OFFICIALS WHO SYSTEMATICALLY DEPRIVE PRISONERS OF THEIR CONSTITUTIONAL RIGHTS CAN EXPECT AND ARE ENTITLED TO NO DEFERENCE FROM FEDERAL COURTS. ANOTHER CASE IS CITED IN WHICH A THREE-JUDGE PANEL IN PENNSYLVANIA HELD PUBLIC OFFICIALS IN CONTEMPT FOR FAILING TO COMPLY WITH A JUDICIAL PRISON-REFORM DECREE. JUDICIAL INTERVENTION IN THE RHODE ISLAND AND PENNSYLVANIA PRISON-REFORM CASES OFFERS, AT BEST, AN IMPERFECT SOLUTION TO THE MANY PROBLEMS PRESENTED BY THE CASES. JUDICIAL RESTRAINT AND THE DEVELOPMENT OF STANDARDS AND RECOMMENDATIONS TO AID MANAGEMENT, PRISON FUNDING, AND LITIGATION CASES INVOLVING CIVIL RIGHTS VIOLATIONS IN THE CORRECTIONAL SYSTEM ARE RECOMMENDED. STATE COURTS CAN BE A SOURCE OF RECOURSE WHEN THERE IS A VIOLATION OF CONSTITUTIONAL RIGHTS. WITH REGARD TO DISTRICT COURTS, IT IS RECOMMENDED THAT EACH COURT INSTITUTE A CENTRALIZED METHOD OF PROCESSING PRISONER COMPLAINTS. A LIST OF CITED DECISIONS AND A SELECTED BIBLIOGRAPHY ON PRISON CONDITIONS-OF-CONFINEMENT CASES ARE INCLUDED. (DEP)
Index Term(s): Constitutional Rights/Civil Liberties; Dispositions; Federal courts; Inmates; Judicial decisions; Pennsylvania; Prisoner's rights; Reform; Rhode Island; State courts
Note: BNA SPECIAL REPORT ON JUDICIAL INVOLVEMENT IN PRISON REFORM
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=51024

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.