Assignment
Flo20thebest
Ch15.ppt© 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved
Class Name,
Instructor Name
Date, Semester
SEITER, CORRECTIONS: AN INTRODUCTION, 4e
Chapter 15
Legal Issues and the Death Penalty
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© 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved
Outline the development and sources of prisoners’ rights as well as the rights they have today.
Explain how the First, Fourth, Eighth, and Fourteenth Amendments to the U.S. Constitution create a basis for inmate lawsuits.
Summarize the issues associated with the Eighth Amendment prohibition of cruel and unusual punishment.
Specify the legal cases and constitutional standards regarding inmate religious practice, delivery of medical care, and inmate discipline within prisons.
Explain how recent court decisions and congressional actions have limited the filing of inmate lawsuits.
CHAPTER OBJECTIVES
15.1
15.2
15.3
15.4
15.5
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© 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved
Outline the history of capital punishment in the United States and the legal provisions for it.
Describe the requirements for capital trials under Furman v. Georgia.
List and describe court rulings regarding the use of capital punishment with juveniles, the mentally ill, and the mentally retarded, and for noncapital crimes.
Detail the number of inmates under sentence of death, the number of executions each year, and the manner in which inmates are executed in each state.
CHAPTER OBJECTIVES
15.6
15.7
15.8
15.10
Describe how executions are carried out and the problems
associated with executions.
15.9
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© 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved
CHAPTER OBJECTIVES
Explain the various reasons cited by proponents of capital
punishment and the counterarguments of its opponents.
Describe the current and any changes in public attitude
regarding the death penalty.
Summarize the arguments for and against the use of the
death penalty.
15.11
15.12
15.13
Outline the development and sources of prisoner’s rights as well as the rights they have today.
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
15.1
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Development of Inmate Legal Rights
15.1
Ruffin v. Commonwealth of Virginia (1871)
- Slave of the state
- This effectively created a “hands off” doctrine
Historically, the courts did little to address inmate rights or the administration of prisons
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15.2
Explain how the First, Fourth, Eighth, and Fourteenth Amendments to the U.S. Constitution create a basis for inmate lawsuits.
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
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Later Intervention by the Supreme Court
15.2
Cooper v. Pate (1964)
The Court effectively ended the
“hands off” doctrine by holding that
an inmate should be allowed to follow the
practices of his religion if they do not
present a “clear and present danger” to
the security of the prison.
Price v. Johnston (1948)
The Court held that inmates must
expect to lose freedoms when
they are incarcerated.
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*
Cases Dealing with Prisoner Rights have Grown
15.2
Figure 15.1
15.3
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
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Summarize the issues associated with the Eighth Amendment prohibition of cruel and unusual punishment.
Eighth Amendment Challenges
15.3
1983
Solem v. Helm
Sentence must be proportionate to the crime in order to not violate the 8th Am. “Test of proportionality.”
1979
Bell v. Wolfish
Overcrowding in a federal jail were not 8th Am. Violations, as there was no punitive intent.
1970
Holt v. Sarver
Conditions in an AR Prison were found to be cruel & unusual & would be shocking to people of reasonable sensitivity.
Eighth Amendment:
“ . . . No cruel or unusual punishment may be inflicted . . . .”
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15.4
Specify the legal cases and constitutional standards regarding inmate religious practice, delivery of medical care, and inmate discipline within prisons.
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
*
Fourteenth Amendment Challenges
15.4
Americans with Disabilities Act 1990
“Reasonable” accommodations
Section 1983
Acting under color of law
Cannot violate another’s constitutional rights
First American Lawsuits
Pell v. Procunier (1974)
“Balancing test”
Fourteenth Amendment: “no state shall deprive any person of life, liberty, or property without due process . . . or equal protection of the law.”
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Conditions of Confinement
15.4
Wilson v. Seiter
1991
“Deliberate indifference”
Pugh v. Locke
1976
“Totality of circumstances”
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Whether conditions of an inmates confinement constitute cruel or unusual punishment are subject to review using the following standards:
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Religious Freedom
15.4
Cooper v. Pate (1964)
Inmates must show the following:
- The religion is duly established
- The practices are part of basic tenets of the religion
- Requested practices do not pose a “clear & present danger” to prison
Cruz v. Beto (1972)
Inmates should be given a “reasonable opportunity” to practice their religion.
Theriault v. Silber (1977)
Inmates in federal penitentiary sued to get steak & wine on prison menu as it was required in their religion: Church of New Song” (CONS). The Court found no 1st Amendment protection.
Religious Freedom
15.4
Kahane v. Carlson 1975
Jewish inmates must be provided
with Kosher food
O’Lone v. Estate of Shabazz 1987
Prison does not have to rearrange
schedules to allow Muslim inmate to
attend Friday worship
vs.
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Religious Freedom
15.4
Hamilton v. Schriro 1996
Prison must provide sweat lodges
for Native American inmates
Fowler v. Crawford 2008
Prison does not have to provide
sweat lodges if security & safety
compromised
Modified
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Law Affecting Inmate Religious Practices
15.4
Religious Land Use & Institutionalized Persons Act—2000
For the government to impose a substantial restriction on an inmate’s right to exercise religion, it bears the burden to justify that the restriction furthers a compelling government interest and is implemented in the “least restrictive means.”
“Reasonableness” Test
Medical Care and the Eighth Amendment
15.4
Fernandez v. United States (1991)
“Community standards” establish the quality of care for inmates.
Ramos v. Lamm (1980)
“Deliberate indifference” may be shown by repeated examples of negligent acts which show a pattern of conduct.
Estelle v. Gamble (1976)
Prisons have a duty to provide medical care; may not show “deliberate indifference.”
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First Amendment Challenges
15.4
Procunier v. Martinez (1974)
Officials could read inmate mail but not censor it
Turner v. Safley (1987)
OK to ban inmates from writing to other inmates
Pell v. Procunier (1974)
OK to ban press & media interviews if it could jeopardize prison safety
Sostre v. Otis (1971)
OK to ban books/magazines which could be inflammatory or dangerous
Thornburgh v. Abbott (1989)
Inmates may only receive publications from the publisher
Johnson v. Phelan (1995)
Searches by opposite gender OK
Tribble v. Gardner (1988)
Body cavity searches must have a basis
Hudson v. Palmer (1984)
Inmates have no expectation of privacy
Grummett v. Rushen (1984)
OK to prohibit female guards from working in areas where male inmates may be nude
Fourth Amendment Challenges
15.4
Fourth Amendment: provides that people be secure “against unreasonable searches and seizures.”
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Inmate Discipline
14.4
Sandin v. Conner (1995)
In prison disciplinary actions, prisoners do not have a liberty interest, nor is time being added to their sentence in prison, so due process is not required.
15.5
Explain how recent court decisions and congressional actions have limited the filing of inmate lawsuits.
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
Limiting Litigation by Inmates
15.5
- More recent Supreme Court decisions seem to favor prison administration over inmates.
- Courts have moved back toward the
“hands-off” doctrine, preferring prisons to
deal with problems themselves.
- Congress has made it more difficult to file
successful suits—Violent Crime Control
Act (1994); Prison Litigation Reform Act
(PLRA) (1994).
15.6
Outline the history of capital punishment in the United States and the legal provisions for it.
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
History of Capital Punishment in America
15.6
- Used extensively in England & early American colonies
- Public Executions continued until 1936
- Numbers of executions has risen since 1980s
*
Execution Numbers
15.6
Figure 15.2
15.7
Describe the requirements for capital trials under Furman v. Georgia.
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
Death Penalty Perameters
15.7
Furman v. Georgia (1972):
- The Court did not find capital punishment itself to be unconstitutional.
- Since it was being administrated in an arbitrary, capricious, & unfair manner it was cruel & unusual.
In response, many states amended their statutes to allow for bifurcated trials. Juries determined guilt and sentencing in separate proceedings.
Gregg v. Georgia (1979):
- Death penalty must be considered for only the most serious of crimes
- The trial must be bifurcated:
- At sentencing a jury must hear both mitigating & aggravating evidence
- Defendant must be allowed an automatic appeal
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How the States Stack Up
15.7
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How the States Stack Up
15.7
15.8
List and describe court rulings regarding the use of capital punishment with juveniles, the mentally ill, and the mentally retarded, and for noncapital crimes.
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
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Capital Punishment, the Mentally Ill, & Juveniles
15.8
2002
Atkins v. Virginia
Executing mentally retarded criminals is cruel & unusual.
1988
Perry v. Lynaugh Reversed Ford – execution of mentally retarded OK.
1986
Ford v. Wainwright
Mentally ill cannot be executed.
2005
Roper v. Simmons
Unconstitutional
to execute someone
Who was under 18 when
the crime was committed.
1989
Stanford v. Kentucky
Minimum age to impose the
death penalty is 16.
1972
Eddings v. Oklahoma
Age should be
considered
a mitigating factor.
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15.9
Detail the number of inmates under sentence of death, the number of executions each year, and the manner in which inmates are executed in each state.
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
Current Capital Punishment Statistics
15.9
Figure 15.3 Figure 15.4
15.10
Describe how executions are carried out and the problems
associated with executions.
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
Methods of Execution
15.10
15.11
Explain the various reasons cited by proponents of capital punishment and the counterarguments of its opponents.
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
Capital Punishment
15.11
Deterrence
The majority of the public does not believe capital punishment is an effective deterrent.
Retribution
Most people believe that punishment is important to show that “bad acts result in bad outcomes.”
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15.12
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
Describe the current and any changes in public attitude
regarding the death penalty.
Public Attitudes
15.12
Public sentiment
in favor of
capital
punishment
has increased
since
the 1960s
The public has
become
increasingly
concerned with
the fallibility
of capital
punishment
vs.
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15.13
Summarize the arguments for and against the use of the death penalty.
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcomes
The Death Penalty: Pros versus Cons
15.13
Pros
- Just punishment
- Public safety
- Reduces costs
Cons
- Brutal and immoral
- Not supported
- Increased costs due to lengthy appeal process
vs.
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© 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved
Historically, the courts took a “hands-off” approach to prison litigation but have modified that approach to address serious violations.
Inmate lawsuits are generally framed in terms of First, Eighth & Fourteenth Amendment violations as these amendments deal with personal rights.
Prison life is not expected to be ideal. However, the courts will intervene if a reasonable person would find conditions that would “shock the conscience.”
The courts have generally allowed inmate challenges to religious practices, medical care, and discipline if the inmate can show that prison safety & security is not compromised.
CHAPTER SUMMARY
15.1
15.2
15.3
15.4
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© 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved
Inmates are frequent litigants. To try to limit the filing of frivolous lawsuits, Congress passed the Prison Litigation Reform Act in 1994.
Capital punishment has been sanctioned since our colonial days. However, public executions ceased in 1936.
Capital trials must be bifurcated so that punishment is decided separately from guilt.
As a general rule, the Supreme Court has not looked favorably in using capital punishment on the mentally ill, the mentally retarded, and juveniles under the age of 18.
CHAPTER SUMMARY
15.5
15.6
15.7
15.8
The number of prisoners executed has steadily increased since
The 1960s. Most states use a lethal injection as the agent.
15.9
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© 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 07458 • All Rights Reserved
CHAPTER SUMMARY
Each state prescribes the method(s) of execution. Recent
evidence has shown that the possibility exists to kill an
Innocent inmate.
Those who are in favor of capital punishment see it as
a deterrent & a less costly alternative, whereas those
who are against capital punishment recognize its
fallibility.
Public sentiment toward capital punishment is
beginning to change as more & more death row
inmates are exonerated.
While most people still believe that capital punishment is a
Deterrent, studies have shown that it not an effective
Deterrent and it is still used disproportionately on minorities.
15.10
15.11
15.12
15.13
