CCJS100 Final court cases

Cooper v. Pate (1964)

Prisoners are entitled to the protection of the Civil Rights Act of 1871 and may challenge in federal courts the conditions of their confinement. (signaled the end of the hands-off policy)

Hudson v. Palmer (1984)

limited the 4th amendment rights of inmates; officers can search inmate cells and confiscate found materials

Wolff v. McDonnell (1974)

basic elements of procedural due process must be present when decisions are made about imposing significant punishments on prisoners for violating any institutional rules; notification of rights, charges, and the availability of legal aid

Lee v. Washington (1968)

racial discrimination cannot be the formal policy of correctional facilities

Johnson v. California (2005)

officers can segregate certain inmates on the basis of race, but only as a temporary solution to inmate-inmate violence

Gagnon v. Scarpelli (1973)

before probation may be revoked, a 2-stage hearing must be held and the offender provided with specific elements of due process. Requested counsel will be allowed on a case-by-case basis

Morrissey v. Brewer (1972)

Before parole may be revoked, due process rights require a prompt and informal 2-stage inquiry before an impartial hearing officer. The parolee may present relevant information and confront witnesses, speak on own behalf. No right to counsel.

Kent v. United States (1966)

juveniles have a right to due process and counsel at a hearing at which a juvenile court judge can waive jurisdiction and pass the case to adult court

In re Gault (1967)

expanded the Kent decision; juveniles have the right to counsel, to confront and examine witnesses, and to have adequate notice of charges when confinement is a possible punishment

In re Winship (1970)

proof beyond a reasonable doubt applies to juvenile court

McKeiver v. Pennsylvania (1971)

juveniles do not have a constitutional right to trial by jury

Breed v. Jones (1975)

juveniles are protected against double jeopardy, even when the charge is tried in both juvenile and adult court

Schall v. Martin (1984)

juveniles may be held in preventive detention if they pose a concern for committing additional crimes while awaiting court

Roper v. Simmons (2005)

the death penalty cannot be given to a juvenile who committed the crime in question when under the age of 18

Graham v. Florida (2010)

removed the life without parole for non-homicidal cases for juveniles

Miller v. Alabama (2012)

removed the life without parole as a mandatory sentence for juveniles guilty of a homicidal crime