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NCJ Number: 97325 Find in a Library
Title: Dispute Resolution in Prisons - An Assessment
Journal: Rutgers Law Review  Volume:36  Issue:1 and 2  Dated:(Fall 1983/Winter 1984)  Pages:145-178
Author(s): W M Ducker
Date Published: 1984
Page Count: 34
Format: Article
Language: English
Country: United States of America
Annotation: This paper examines developments in understanding, This paper examines developments in understanding, instituting, and assessing prison dispute resolution mechanisms from 1973 to 1983.
Abstract: The 1971 riot at the Attica State Prison in New York prompted the examination of prisons nationwide. A minor incident was found to have started the uprising, but major issues lay beneath the surface. In 1967, a presidential commission recommended the establishment of prison dispute resolution mechanisms, but prisons did not respond until the Attica riot occurred. A 1973 study showed a growing number of prison dispute resolution mechanisms. These mechanisms address two goals: order and justice. Since 1952, prisoners have perceived riots to be one method, often the only method, of successfully asserting their grievances. Since 1964, however, increasing numbers of inmate civil suits have challenged prison conditions. Both the rioting and judicial activism regarding prisoners' rights have produced growing interest in prison dispute resolution mechanisms. Nearly every State and Federal prison now has some mechanism. The prison accreditation standards of the American Correctional Association require a written grievance procedure with at least one level of appeal. Ombudsmen and inmate councils are two other major dispute resolution methods. Prisoners' unions and legal services programs for inmates are also emerging. The Center for Correctional Justice recommends that a prison dispute resolution mechanism have independent review, participation by line staff and inmates, enforceable time limits for written responses, effective administrative planning and leadership, training, monitoring, evaluation, and eventual statutory recognition. The problems in existing mechanisms suggest the need for further study as well. A total of 207 footnotes are supplied.
Index Term(s): Complaint processing; Correctional reform; Dispute resolution; Grievance procedures; Inmate grievances; Inmate organizations; Ombudsmen
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