Legal Rights of Prisoners Cases and Comments

Legal Rights of Prisoners is a timely book that addresses the constitutional rights of people in places of confinement. More specifically, it examines the amendments that inmates use and the case law that has developed to address their concerns.

Foreword

Preface

Acknowledgments

Introduction

1

(4)

An Introduction to American Law

5

(14)

The Role of Law in Society

6

(1)

Historical Origins of the Law

7

(1)

Courts

7

(1)

The State Court System

8

(1)

Appellate Courts

8

(1)

The Federal Court System

9

(4)

The Foundation of the Criminal Law

13

(1)

Types of Law

14

(5)

The Corrections Component of Criminal Justice

19

(11)

Regular Probation

20

(1)

Intermediate Sanctions

20

(1)

Fines

21

(1)

Forfeiture

21

(1)

Restitution

22

(1)

Shock Probation and Split-Sentencing

22

(1)

Intensive Probation Supervision

22

(1)

Home Confinement and Electronic Monitoring

23

(1)

Residential Community Centers

23

(1)

Boot Camp Programs

24

(1)

Secure Confinement

24

(1)

Parole

25

(1)

The Criminal Justice System

26

(4)

From Hands-off to Hands-on

30

(7)

Types of Lawsuits and Petitions Brought by Inmates

37

(10)

Tort Suits

37

(1)

Types of Torts

38

(1)

Damages

38

(1)

Civil Rights Act or Section 1983

39

(1)

Color of Law

39

(1)

Action

39

(1)

Personal Involvement

39

(1)

Liability

40

(1)

Supervisory Liability

40

(1)

Forms of Relief Under the Civil Rights Act

40

(1)

Types of Damages Under Section 1983 Litigations

41

(1)

Reasons Inmates Prefer to File Civil Rights Suits

41

(1)

Recent Changes to Section 1983 Claims

42

(1)

State Constitutional Rights Act

43

(1)

Habeas Corpus

43

(1)

Relief in Habeas Corpus Cases

43

(1)

The Decline of Habeas Corpus

44

(1)

Civil Rights of Institutionalized Persons Act

44

(3)

Preventing Inmate Litigation

47

(8)

Absolute Immunity

52

(1)

Qualified Immunity

53

(1)

Good Faith Exception

53

(2)

Inmates and the First Amendment

55

(23)

Freedom to Receive and Send Mail

56

(1)

Freedom of Religion

57

(1)

Right to Association and Visitation

58

(1)

Freedom of the Press

58

(1)

Access to Court

59

(19)

Inmates and the Fourth Amendment

78

(9)

Inmates and the Eighth Amendment

87

(24)

Harsh Sentences

88

(1)

Death Penalty Sentences

88

(1)

Conditions of Death Row

89

(1)

Conditions in Prison

90

(1)

Medical Treatment

90

(2)

Violence Committed by Fellow Inmates and Guards

92

(1)

Inmate Suicides

93

(18)

Inmates and the Fourteenth Amendment

111

(18)

Reverting to a Hands-off Approach

129

(6)

Prison Litigation Reform Act of 1995

130

(1)

The Decline of Issuing the Writ of Habeas Corpus

131

(1)

Turner v. Safely Revisited

132

(3)

The Future of Inmates' Rights and Litigations

135

(10)

Composition of the Supreme Court

138

(1)

AIDS and Geriatric Prisoners

139

(1)

Privatization and Inmates

139

(2)

Same Sex Marriages and Conjugal Visits

141

(1)

DNA Testing and Prison Litigation

141

(4)

Appendix

145

(4)

Table of Cases

149

(4)

Glossary

153

(16)

Index

169

(18)

About the Authors

187

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Legal Rights of Prisoners Cases and Comments

Summary

Table of Contents

Supplemental Materials