Cases and Materials on the Law of Sentencing, Corrections and Prisoners' Rights, 2005

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ISBN: 9780314159366 | 0314159363
Cover: Hardcover
Copyright: 8/20/2005

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The book is designed not only to transmit knowledge about existing law and policies, but also to provoke thought, discussion, and debate about the law and policies. Contains cases, statutes, sentencing guidelines, model standards, proposals for reform, article and book excerpts, and problems.

Preface

Table of Cases

xxi

PART ONE. THE LAW AND POLICY OF SENTENCING

Introduction to Sentencing

(31)

Sentencing: Yesterday and Today

(2)

The Purposes of Criminal Sentences

(22)

Traditional Sentencing Purposes

(1)

Wayne R. LaFave, Criminal Law

(5)

United States v. Bergman

(7)

Questions and Points for Discussion

(6)

A New Paradigm: Restorative Justice

(1)

American Bar Association, ``Victim-Offender Mediation/Dialogue Program Requirements''

(1)

Questions and Points for Discussion

(2)

Calibrating the Use of Incarceration: A Look Towards the Future

(7)

Alvin J. Bronstein, A Response to Prison Overcrowding

(1)

Alfred Blumstein, Prisons, in Crime

(1)

American Bar Association, Recommendations on Prison and Jail Impact Statements

(1)

Questions and Points for Discussion

(3)

Guilty Pleas and Plea Bargaining

(49)

The Due Process Requirement of an Intelligent and Voluntary Plea

(28)

Boykin v. Alabama

(2)

Questions and Points for Discussion

(8)

North Carolina v. Alford

(4)

Questions and Points for Discussion

(1)

Brady v. United States

(7)

Questions and Points for Discussion

(6)

Breaches of Plea Agreements

(5)

Santobello v. New York

(3)

Questions and Points for Discussion

(2)

Constraints on the Government in Offering Incentives to Plead Guilty

(14)

Bordenkircher v. Hayes

(5)

Questions and Points for Discussion

(9)

The Sentencing Process

(92)

Rights During Sentencing

(60)

Rights to Confrontation, Cross--Examination, and Rebuttal

(1)

Williams v. New York

(2)

Questions and Points for Discussion

(9)

Gardner v. Florida

(2)

Questions and Points for Discussion

(1)

The Right to Counsel

(1)

Retained and Appointed Counsel

(4)

Right to the Effective Assistance of Counsel

101

(1)

The Rights to Present Evidence and Make a Statement to the Sentencer

102

(1)

Right to a Statement of Reasons for the Sentence Imposed

103

(1)

Standard of Proof/Right to Jury Trial

104

(1)

McMillan v. Pennsylvania

104

(6)

Questions and Points for Discussion

110

(2)

Apprendi v. New Jersey

112

(11)

Questions and Points for Discussion

123

(1)

Blakely v. Washington

124

(12)

Questions and Points for Discussion

136

(1)

Nonconstitutional Sources of Sentencing Rights

137

(4)

Questions and Points for Discussion

141

(1)

Factors Considered at Sentencing

142

(32)

United States v. Grayson

142

(5)

Questions and Points for Discussion

147

(8)

Custis v. United States

155

(4)

Questions and Points for Discussion

159

(5)

Payne v. Tennessee

164

(9)

Questions and Points for Discussion

173

(1)

Sentencing Statutes and Guidelines

174

(49)

``Pure'' Sentencing Models

174

(2)

Alan M. Dershowitz, Background Paper from Fair and Certain Punishment: Report of the Twentieth Century Fund Task Force on Criminal Sentencing

174

(1)

Questions and Points for Discussion

175

(1)

Sentencing Statutes

176

(17)

Indeterminate Sentencing Statutes

176

(1)

Questions and Points for Discussion

177

(1)

Determinate Sentencing Statutes

178

(1)

Determinate Discretionary Sentencing

179

(1)

Presumptive Sentencing

180

(2)

Mandatory Sentences

182

(1)

Questions and Points for Discussion

182

(4)

Stephen J. Schulhofer, Rethinking Mandatory Minimums

186

(5)

Questions and Points for Discussion

191

(2)

Sentencing Guidelines

193

(30)

Minnesota Sentencing Guidelines and Commentary

193

(19)

Questions and Points for Discussion

212

(11)

Community-Based Sanctions

223

(58)

Multi--Tiered Sentencing Structures

223

(5)

Pierre S. du Pont IV, Expanding Sentencing Options: A Governor's Perspective

224

(4)

Sentencing Options

228

(37)

Probation

228

(4)

Questions and Points for Discussion

232

(4)

Francis T. Cullen, John E. Eck, & Christopher T. Lowencamp, Environmental Corrections---A New Paradigm for Effective Probation and Parole Supervision

236

(4)

Questions and Points for Discussion

240

(1)

Day Reporting Centers

241

(1)

Home Confinement and Electronic Monitoring

242

(1)

Fines

243

(1)

Bearden v. Georgia

244

(4)

Questions and Points for Discussion

248

(2)

Sally T. Hillsman, Joyce L. Sichel, & Barry Mahoney, Fines in Sentencing: A Study of the Use of the Fine as a Criminal Sanction (Executive Summary)

250

(3)

Questions and Points for Discussion

253

(1)

Restitution, Fees, and Denial of Government Benefits

253

(7)

Questions and Points for Discussion

260

(2)

Community Service

262

(1)

Imposition of the Appropriate Sentence

263

(2)

Comprehensive and Integrated Corrections Systems

265

(16)

Comprehensive Community Corrections Acts

265

(1)

Model Adult Community Corrections Act

265

(10)

Questions and Points for Discussion

275

(2)

Incorporating Community Sanctions Into Sentencing Guidelines

277

(1)

Michael Tonry, Intermediate Sanctions in Sentencing Guidelines

277

(3)

Questions and Points for Discussion

280

(1)

The Death Penalty

281

(55)

Gregg v. Georgia

281

(16)

Questions and Points for Discussion

297

(3)

Woodson v. North Carolina

300

(7)

Questions and Points for Discussion

307

(4)

Roper v. Simmons

311

(10)

Questions and Points for Discussion

321

(1)

Coker v. Georgia

322

(9)

Questions and Points for Discussion

331

(5)

Cruel and Unusual Punishment and Noncapital Cases

336

(47)

Disproportionality Claims: Challenges Regarding the Length or Amount of a Criminal Sanction

336

(34)

Rummel v. Estelle

336

(10)

Solem v. Helm

346

(7)

Harmelin v. Michigan

353

(11)

Questions and Points for Discussion

364

(6)

Challenges Regarding the Nature of a Criminal Sanction

370

(13)

Shame Sentences

370

(1)

United States v. Gementera

370

(8)

Questions and Points for Discussion

378

(2)

Medical Interventions

380

(1)

Questions and Points for Discussion

381

(2)

Parole Release and Probation and Parole Revocation

383

(47)

Probation and Parole Revocation

384

(28)

Due Process

384

(1)

Morrissey v. Brewer

384

(7)

Questions and Points for Discussion

391

(4)

The Fifth Amendment Privilege Against Self-Incrimination

395

(1)

McKune v. Lile

396

(1)

Questions and Points for Discussion

396

(2)

The Fourth Amendment

398

(1)

Griffin v. Wisconsin

398

(3)

Questions and Points for Discussion

401

(2)

Pennsylvania Board of Probation and Parole v. Scott

403

(8)

Questions and Points for Discussion

411

(1)

Parole Release

412

(18)

Greenholtz v. Inmates of Nebraska Penal and Correctional Complex

412

(12)

Questions and Points for Discussion

424

(6)

Collateral Sanctions and Consequences

430

(48)

The Reintegration of Released Prisoners Into Society: Practical Obstacles

430

(2)

The Reintegration of Released Prisoners Into Society: Legal Obstacles

432

(30)

Employment Restrictions

432

(1)

Restrictions on Government Benefits

432

(1)

Restrictions on Political Rights

433

(1)

Richardson v. Ramirez

433

(8)

Questions and Points for Discussion

441

(4)

Restrictions on Drivers' Licenses and the Possession of Firearms

445

(1)

Restrictions on Sex Offenders: Notification, Registration, and Civil--Commitment Laws

446

(1)

Kansas v. Hendricks

447

(11)

Questions and Points for Discussion

458

(4)

Restoration of Rights and Other Steps to Limit Collateral Sanctions and Consequences

462

(11)

Pardons

462

(1)

Restoration-of-Rights Procedures

463

(1)

Expungement and Sealing of Criminal Records

464

(1)

Restrictions on Collateral Sanctions and Consequences

465

(1)

ABA Standards for Criminal Justice: Collateral Sanctions and Discretionary Disqualification of Convicted Persons

465

(6)

Questions and Points for Discussion

471

(2)

The Reintegration of Released Prisoners Into Society: An Integrated Approach

473

(5)

Jeremy Travis, But They All Come Back: Rethinking Prisoner Reentry

473

(2)

Questions and Points for Discussion

475

(3)

PART TWO. THE LAW AND POLICY OF CORRECTIONS

Prisoners' Rights: An Introduction

478

(14)

Constitutional Rights for Prisoners?

478

(1)

History of Prisoners' Rights---A General Overview

479

(10)

Slaves of the State---The 1800s

479

(1)

Ruffin v. The Commonwealth

479

(2)

The ``Hands--Off Doctrine''---The Early to Mid--1900s

481

(2)

The Prisoners' Rights Era---The 1960s and '70s

483

(1)

Reasons for the Abandonment of the ``Hands--Off Doctrine''

483

(1)

Matthew L. Myers, The Alabama Case: 12 Years After James v. Wallace

484

(2)

The Role of Legal Developments in the Discarding of the ``Hands--Off Doctrine''

486

(2)

Prisoners' Rights Today

488

(1)

The Purposes of Incarceration

489

(3)

Questions and Points for Discussion

490

(2)

First Amendment Rights

492

(56)

Freedom of Speech

492

(27)

Procunier v. Martinez

492

(5)

Questions and Points for Discussion

497

(8)

Turner v. Safley

505

(8)

Questions and Points for Discussion

513

(6)

Freedom of Association

519

(13)

Block v. Rutherford

521

(7)

Questions and Points for Discussion

528

(4)

Freedom of Religion

532

(16)

O'Lone v. Estate of Shabazz

532

(10)

Questions and Points for Discussion

542

(6)

Right of Access to the Courts

548

(35)

Communications With, and Appearances in, Courts

549

(3)

Ex parte Hull

549

(1)

Questions and Points for Discussion

550

(2)

Communications With Attorneys

552

(6)

Procunier v. Martinez

552

(2)

Questions and Points for Discussion

554

(4)

Jailhouse Lawyers, Law Libraries, and Other Legal Assistance

558

(25)

Johnson v. Avery

558

(4)

Questions and Points for Discussion

562

(4)

Lewis v. Casey

566

(11)

Questions and Points for Discussion

577

(6)

Prison Disciplinary Proceedings

583

(34)

Procedural Due Process

583

(29)

Wolff v. McDonnell

583

(14)

Questions and Points for Discussion

597

(6)

Superintendent, Massachusetts Correctional Institution at Walpole v. Hill

603

(3)

Questions and Points for Discussion

606

(6)

Miranda, The Privilege Against Self-Incrimination, and the Sixth Amendment Right to Counsel in the Prison Context

612

(5)

Miranda Rights

612

(3)

The Privilege Against Self-Incrimination: Inmates' Silence During Disciplinary Hearings

615

(1)

The Sixth Amendment Right to Counsel

615

(2)

Transfers, Classification, and Disparity in Programming Opportunities

617

(78)

Procedural Due Process

617

(38)

Meachum v. Fano

618

(4)

Questions and Points for Discussion

622

(3)

Sandin v. Conner

625

(7)

Questions and Points for Discussion

632

(8)

Wilkinson v. Austin

640

(7)

Vitek v. Jones

647

(5)

Questions and Points for Discussion

652

(3)

The Fifth Amendment Privilege Against Self-Incrimination

655

(12)

McKune v. Lile

655

(11)

Questions and Points for Discussion

666

(1)

Equal Protection of the Law

667

(28)

Johnson v. California

667

(12)

Questions and Points for Discussion

679

(2)

Women Prisoners of the District of Columbia Department of Corrections v. District of Columbia

681

(11)

Questions and Points for Discussion

692

(3)

Searches, Seizures, and Privacy Rights

695

(47)

The Fourth Amendment

695

(18)

Hudson v. Palmer

695

(7)

Questions and Points for Discussion

702

(3)

Bell v. Wolfish

705

(4)

Questions and Points for Discussion

709

(4)

Right of Privacy

713

(29)

Timm v. Gunter

714

(8)

Questions and Points for Discussion

722

(10)

Dothard v. Rawlinson

732

(9)

Questions and Points for Discussion

741

(1)

Due-Process Claims for Personal Injuries and Property Deprivations; Restrictions on Inmate Labor

742

(26)

Due Process

742

(19)

Daniels v. Williams

743

(3)

Questions and Points for Discussion

746

(3)

Parratt v. Taylor

749

(2)

Questions and Points for Discussion

751

(1)

Zinermon v. Burch

752

(6)

Questions and Points for Discussion

758

(3)

Restrictions on Inmate Labor

761

(7)

Steven D. Levitt, The Economics of Inmate Labor Participation

761

(3)

Questions and Points for Discussion

764

(4)

Cruel and Unusual Punishment

768

(56)

Medical and Psychiatric Care

768

(19)

The Right to Receive Medical Treatment

768

(2)

Estelle v. Gamble

770

(5)

Questions and Points for Discussion

775

(6)

The Right to Refuse Medical Treatment

781

(5)

Questions and Points for Discussion

786

(1)

Conditions of Confinement

787

(24)

Rhodes v. Chapman

788

(8)

Questions and Points for Discussion

796

(7)

Farmer v. Brennan

803

(5)

Questions and Points for Discussion

808

(3)

Use of Force Against Inmates

811

(13)

Jackson v. Bishop

811

(4)

Questions and Points for Discussion

815

(1)

Hudson v. McMillian

816

(5)

Questions and Points for Discussion

821

(3)

PART THREE. PRISONERS' RIGHTS LITIGATION

The Mechanics of Litigating Inmates' § 1983 Suits

824

(29)

The Complaint

824

(14)

Elements of a Cause of Action Under § 1983

824

(7)

Bivens Actions

831

(1)

Jurisdiction

832

(1)

Sufficiency of the Complaint

833

(1)

Haines v. Kerner

833

(1)

Questions and Points for Discussion

834

(4)

Affirmative Defenses

838

(15)

Immunity

838

(1)

Eleventh Amendment

838

(3)

Sovereign Immunity---The United States

841

(1)

Official Immunity---Absolute and Qualified

841

(1)

Cleavinger v. Saxner

841

(4)

Questions and Points for Discussion

845

(5)

Statutes of Limitations

850

(1)

Mootness

851

(1)

Exhaustion of Remedies

852

(1)

Remedies

853

(50)

§ 1983 Actions

853

(19)

Damages

853

(1)

Carey v. Piphus

853

(5)

Questions and Points for Discussion

858

(1)

Equitable Relief

859

(9)

Attorney's Fees

868

(1)

General Rules

868

(1)

Prevailing Party

868

(2)

Reasonable Attorney's Fee

870

(1)

Restrictions Under the Prison Litigation Reform Act

871

(1)

Modifying Court Orders

872

(24)

Rufo v. Inmates of the Suffolk County Jail

873

(10)

Questions and Points for Discussion

883

(4)

Miller v. French

887

(9)

Questions and Points for Discussion

896

(1)

Enforcing Court Orders Through Contempt Proceedings and Other Means

896

(4)

Badgley v. Santacroce

896

(3)

Questions and Points for Discussion

899

(1)

Other Remedies

900

(3)

Index

903

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Cases and Materials on the Law of Sentencing, Corrections and Prisoners' Rights, 2005

Summary

Table of Contents

Supplemental Materials