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NCJRS Abstract

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NCJ Number: 68371 Find in a Library
Title: CIVIL RIGHTS FOR INSTITUTIONALIZED PERSONS - AN ANALYSIS OF HR 10
Journal: NEW ENGLAND JOURNAL ON PRISON LAW  Volume:5  Issue:2  Dated:(SPRING 1980)  Pages:117-134
Author(s): R F DRINAN; A F FEFFER
Date Published: 1979
Page Count: 18
Format: Article
Language: English
Country: United States of America
Annotation: THE ARTICLE ANALYZES H.R. 10 WHICH PROVIDES EXPLICIT LEGISLATIVE AUTHORITY FOR FEDERAL SUITS AGAINST STATE INSTITUTIONS ON BEHALF OF INSTITUTIONALIZED PERSONS IN CASES OF A PATTERN OF CIVIL RIGHTS DEPRIVATIONS.
Abstract: IT EXAMINES THE NATIONAL POLICY TOWARD THE ONE MILLION PEOPLE CURRENTLY INSTITUTIONALIZED IN THE U.S. THE EXISTING MORAL AND FISCAL COMMITMENTS TO THE NEEDS OF THESE CITIZENS FORM THE BASIS FOR THE ESTABLISHMENT OF LEGISLATIVE AUTHORITY FOR FEDERAL JUDICIAL ACTION. THE STANDING OF THE JUSTICE DEPARTMENT IN SUCH CASES IS EXPLORED. THE JUSTICE DEPARTMENT HAS ASSUMED FOUR DIFFERENT ROLES IN THIS TYPE OF LITIGATION: AMICUS CURIAE, LITIGATING AMICUS, PLAINTIFF-INTERVENOR, AND PLAINTIFF. A SECTIONAL ANALYSIS OF H.R. 10 OUTLINES THE PROVISIONS. THESE INCLUDE A DEFINITION OF THE FACILITIES WHICH ARE COVERED, EXPLICIT GUIDELINES WHICH MUST BE MET BEFORE ACTION IS INSTITUTED, AND THE NOTICE REQUIREMENT. OTHER PROVISIONS ARE THE IMPLEMENTATION OF MEANINGFUL GRIEVANCE PROCEDURES FOR PERSONS CONFINED IN PRISONS OR CORRECTIONAL FACILITIES AND THE AUTHORIZATION FOR CONGRESS TO OVERSEE THE EFFECTS OF THE PASSAGE OF THIS LEGISLATION. THE CONSTITUTIONAL BASIS OF H.R. 10 IS TRACED THROUGH THE 14TH AMENDMENT, THE 10TH AMENDMENT, AND THE SUPREME COURT DECISIONS. THE LEGISLATIVE HISTORY AND PROGRESS OF H.R. 10 IS OUTLINED. THE ARTICLE CONCLUDES THAT THERE IS A CLEAR NEED FOR LEGISLATION TO REFLECT A STRONG NATIONAL COMMITMENT TO THE INSTITUTIONALIZED. ONE HUNDRED FOOTNOTES ARE INCLUDED.
Index Term(s): Constitutional Rights/Civil Liberties; Laws and Statutes; New England States; Prisoner's rights; Psychological theories
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=68371

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