Legal Aspects of Corrections Management / Edition 3

Legal Aspects of Corrections Management / Edition 3

ISBN-10:
1449639402
ISBN-13:
9781449639402
Pub. Date:
02/29/2012
Publisher:
Jones & Bartlett Learning
ISBN-10:
1449639402
ISBN-13:
9781449639402
Pub. Date:
02/29/2012
Publisher:
Jones & Bartlett Learning
Legal Aspects of Corrections Management / Edition 3

Legal Aspects of Corrections Management / Edition 3

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Overview

This updated third edition of Legal Aspects of Corrections Management provides a current, informative, and reader-friendly discussion of the contemporary legal issues impacting corrections management. Through the use of case law, this text provides readers with a practical understanding of how the First, Fourth, Fifth, Eighth and Fourteenth Amendments relate to the day-to-day issues of running a prison, jail, and other corrections programs, such as probation and parole. The authors' combined corrections experience included such positions as General Counsel, Regional Counsel, and Correctional Program Officer, as well as working within corrections facilities. Their work involved advising corrections staff and management on the legal issues associated with policies and procedures. The authors also have extensive teaching experience in corrections law, the criminal justice system, and criminology. The benefits of such experiences are reflected in the comprehensive coverage of topics in this accessible and updated Third Edition. New to the Third Edition: -Case s and statistical information have been thoroughly updated. -Contains many new photos and figures throughout -New sections include: *Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) *Double Jeopardy *DNA Collection *Searches of Non-Inmates *Legal Challenges to the Method of Execution *Standards of Employee Conduct *Fair Lab or Standards Act *Portal-to-Portal Act *Title VII and Inmate-Created Hostile Work Environment *The Americans with Disabilities Act *Death Penalty for Juvenile Offenders Key Features: -Includes engaging real-world examples of common problems and occurrences in corrections to provide students and practitioners with a good understanding of the legal aspects of corrections management. -Provides insight into the legal steps that should be anticipated in a correctional lawsuit. -Provides an accessible and easy-to-understand collection of Supreme Court and significant lower court rulings on key issues in corrections. With the focus on Supreme Court cases, the text has applicability nationwide. -Focuses on constitutional issues affecting such areas as inmate correspondence, visiting, and religion (First Amendment); search and seizure, privacy (Fourth Amendment); due process (Fifth and Fourteenth Amendments); equal protection (Fourteenth Amendment); and the death penalty, conditions of confinement (cruel and unusual punishment), and health care (Eighth Amendment). -Includes coverage of statutory and administrative law, as well as chapters on probation and parole, jails, juveniles, privatization, and the loss of rights of convicted persons. -Includes examples of relevant documents, such as a civil complaint; a sample presentence investigation report; a listing of inmate rights and responsibilities; of misconduct charges; and of mission statements for departments of corrections.

Product Details

ISBN-13: 9781449639402
Publisher: Jones & Bartlett Learning
Publication date: 02/29/2012
Edition description: Older Edition
Pages: 616
Product dimensions: 7.00(w) x 8.90(h) x 1.40(d)

About the Author

Clair Cripe’s career combines work in the corrections field and teaching in the area of constitutional law. His preparation for this work came from education at Oberlin College (A.B.) and at Harvard Law School (J.D.). After 3 years as a Navy JAG officer and a year as a trial lawyer for the Food and Drug Administration, he joined the Federal Bureau of Prisons in 1962, when its legal office was formed. In 1975, he became General Counsel of that agency, where he served until his retirement in 1990. As a member of the Bureau of Prisons executive staff, Clair was closely involved in policy decision-making for many years. He supervised hundreds of lawsuits involving prisoners’ rights and the management of prisons. He personally handled many cases, from the trial court level to the Supreme Court. He initiated and personally taught training classes for corrections workers, from entry training for new employees to advanced corrections management. He personally reviewed all policy issuances of the federal prison agency.He developed and supervised many new prison programs (including disciplinary procedures for inmates, training for agency paralegals, and an inmate grievance system). Mr. Cripe taught for 15 years at the National Law Center (George Washington University) in the graduate law division. This wasa course in the law of sentencing and of constitutional rights for prisoners. He also taught a course in the law of corrections at the University of Maryland (Criminal Justice & Criminology Department). He was a frequent speaker at training seminars at the American Correctional Association and for its affiliates. He also presented seminars for federal judges on the law of sentencing and of prisoners’ rights.

Mike Pearlman brings to this work a combination of academic training, work experience, and teaching skills. He has a master’s degree in Criminology and Corrections from Florida State University, as well as a master’s degree in Government from Southern Illinois University, and a law degree from George Mason University. He has worked in the correctional field since 1968 in youth, medium, and maximum security adult facilities, as well as in the headquarters office of the Federal Bureau of Prisons. His work experience is varied – beginning with an externship as a psychometrist at a youth facility. This work involved administering psychological tests to and participating in individual and group counseling sessions with inmates. His formal work career includes assignments as a caseworker and casework supervisor, as a rules and regulations specialist, as the Executive Assistant to the General Counsel, and as the Legal Administrative Officer. As the Legal Administrative Officer, Mike’s responsibilities included such duties as overseeing the Bureau of Prisons’ inmate grievance program; the preparation of Bureau of Prisons rules governing the care, custody, treatment, and management of inmates; the legal training provided to new Bureau of Prisons staff; the legal intern program; and the Freedom of Information Program. Prior to his retirement, Mike was assigned responsibility for coordinating the Bureau of Prisons involvement in carrying out the Congressionally mandated closure of a prison system. In part, this involved the transfer of approximately 7,000 District of Columbia felons to Bureau of Prisons facilities. Mr. Pearlman has been an instructor in the criminal justice and sociology area for22 years, teaching at American University, Northern Virginia Community College, and George Mason University. He has taught a variety of subjects, such as Correctional Law, Introduction to Corrections, Administration of Correctional Institutions, Criminology, Criminal Law, Deviance, and Sociology of Punishment and Corrections.He has taught on both the undergraduate and graduate level.

Daryl Kosiak was a high school social studies teacher for two years prior to attending the University of North Dakota School of Law. His first legal position was as an associate, and later a partner in a law firm in North Dakota. He also served as a state prosecutor, responsible for charging, trial, and if necessary, appeal of misdemeanor and felony cases. His next legal position was with the Federal Bureau of Prisons as the institution attorney-advisor at the Federal Medical Center, Rochester, Minnesota, where he dealt with legal issues associated with the medical and mental health care needs of persons in custody, as well as the more mainstream correctional issues. He served fifteen years as Deputy Regional Counsel, and then Regional Counsel, in the Bureau’s North Central Region. In this capacity, he supervised the provision of legal services to nineteen federal correctional institutions, including two medical referral centers; the Bureau’s high security prisons at Marion (Illinois) and later Florence (Colorado), and issues related to the operation of a death row at the federal facility in Terre Haute, Indiana. His final assignment in a twenty-three year correctional legal career was as Associate General Counsel responsible for legal reviews and litigation concerning the method of carrying out capital punishment. Since retirement, Daryl has taught a number of undergraduate courses related to corrections. He was a presenter at Federal Bureau of Prisons, Department of Justice, and Federal Circuit Judicial Conference meetings on correctional matters. His published work includes material on inmate health care and prosecution of DUI cases.

Table of Contents

Part I Sources of Corrections Law
Chapter 1 An Introduction to the Law and to the Legal Aspects of Corrections Management
Chapter 2 Corrections and the Criminal Justice System
Chapter 3 Habeas, Torts, and Section 1983
Chapter 4 Going to Court
Part II Constitutional Law of Corrections
Chapter 5 A General View of Prisoners’ Rights Under the Constitution
Chapter 6 Access to Courts
Chapter 7 First Amendment: Inmate Mail
Chapter 8 First Amendment: Inmate Association Rights and Visiting
Chapter 9 First Amendment: Religion
Chapter 10 Fourth Amendment: Search and Seizure, and Privacy
Chapter 11 Fifth and Fourteenth Amendments: Due Process—Inmate Discipline
Chapter 12 Fifth and Fourteenth Amendments: Due Process—Classification, Transfers, Personal Injuries, and Property Loss
Chapter 13 Fourteenth Amendment: Equal Protection—Female Offenders and Others
Chapter 14 Eighth Amendment: The Death Penalty and Other Sentencing Issue s
Chapter 15 Eighth Amendment: Conditions of Confinement—Cruel and Unusual Punishment
Chapter 16 Eighth Amendment: Health Care
Chapter 17 Probation and Parole, Community Corrections, and Fines
Part III Statutory and Administrative Law, Jails, Juveniles, Privatization, and Other Special Issue s in Corrections
Chapter 18 Statutory and Administrative Law
Chapter 19 Federal Statutes: Equal Employment, Disabilities, and Tort Claims
Chapter 20 Jails
Chapter 21 Juveniles and Young Offenders
Chapter 22 Privatization Issue s in Corrections
Chapter 23 Loss of Rights of Convicted Persons
Chapter 24 In Conclusion: A Postscript
Appendix 1 Sample Presentence Report
Appendix 2 Conditions of Supervised Release
Appendix 3 Example of an Inmate Complaint for Injunctive and Declaratory Relief
Appendix 4 Example of an Inmate Complain Under 42 U.S.C. 1983
Appendix 5 Instructions for Filing a Complaint by a Prisoner Under 42 U.S.S. 1983
Appendix 6 Prohibited Acts and Disciplinary Severity Scale
Appendix 7 Collateral Consequences of a Felony Conviction
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