corrections exam 3

phase 1 of prison rights movement

improving living conditions

phase 2 of prison rights movement

addressing religious persecution

phase 3 of prison rights movement

revolutionary stage

the warren court was committed to

judicial activism

14th amendment

the right to due process and equal protection under law

Pugh v. Locke

conditions of confinement

furman v. georgia

death penalty violated the 8th and 14th amendment

Donald Clemmer based prison research on the concept of

assimilation

Sykes concluded that the prison social system relies on what to operate effectively?

compromise between guards and inmates

Irwin and Cressey are responsibly for creating what model to describe the formation of inmate subcultures?

Importation model

Deprivation model

Sykes; pains of imprisonment

Pains of imprisonment, as identified by Sykes

deprivation of liberty, autonomy, goods/services, hetero relationships, security

places of residence and work where a large number of individuals are cut off from the wider society and lead an enclosed, formally administered life

conditions of absolute power

Where does “conditions of absolute power” come from

Gothman’s “Total Institutions”

prisonization

the extent to which a person adopts the culture of the prison

factors influencing prisonization

personality, relationships, involuntary associations, acceptance of the culture, demographics

adaptations to pains of imprisonment

physical escape, psychological escape, rebellion/innovation, peaceful change, adaptive endurance (subcultures)

Giallombardo

subcultures develop in response to pains of imprisonment, but women’s prisons characteristics can be explained by external factors

does Sykes believe prisons are institutions of total power

no

total power defects

guard power is not freely given, use of force is limited, no merit system, power erodes when abused

why are there power defects

structure

biggest modern day prison issues

increased gang activity and violence

fullwood v. clemmer

is the muslim faith a religion or a belief system

palmigiano v. travisono

censorship of inmate mail is unconstitutional

procunier v. martinez

clarifies context in which inmate mail can be censored

wolf v. McDonald

due process rights apply to incarcerated individuals

hewitt v. holmes

applied meaning of due process to instances of solitary confinement

procedural due process

formal proceedings carried out regularly, fairly, and in accordance with established rules

substantive due process

laws and regulations must be related to a legitimate government interest; no unfair treatment

Estelle v. gamble

action of guards with deliberate indifference constitutes “cruel and unusual punishment”

farmer v. brennan

clarifies deliberate indifference definition

women’s prisoner rights movement issues

location of prisons, program availability

due process clause

no state can deprive a person of life/liberty/property without due process of law

equal protection clause

no state can deny equal protection of the laws to anyone within its jurisdiction

park v Thompson

grievous loss—inmates imprisoned far from family that might want to visit

parity treatment

if women cannot have the same programs as men they must have a similarly beneficial program

morrisey v brewer

requires notification of violation and revocation hearing for parole revocation

rudolph v alabama

first capital punishment case in the Supreme Court

Maxwell v bishop

rule death penalty as constitutional because the statute is not discriminatory; states rework statutes or ban death penalty

greg v Georgia

established procedure for how the death penalty should be administered