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Author: Margo Schlanger
Publisher: West Academic Publishing
ISBN: 9781683287964
Category :
Languages : en
Pages : 1071
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Book Description
In the age of American mass incarceration, a complex legal regime governs prison conditions and presents a host of controversial questions at the intersection of constitutional liberty, statutory interpretation, administrative regulation, and public policy. This is a completely overhauled, re-titled, and much-expanded version of the leading casebook about incarceration. It addresses both pretrial and post-conviction incarceration, presenting Supreme Court and leading lower court case law, statutes, litigation materials, professional standards, academic commentary, and prisoner writing. Topics include conditions of confinement, civil liberties, particular prisoner populations and relevant legal issues (race and national origin discrimination, the particular issues/law governing treatment of incarcerated women, LGBTQ people, and people with disabilities). Litigated remedies (injunctive litigation, damages, the Prison Litigation Reform Act, and criminal prosecution of prison staff), are also covered in detail, as is non-litigation oversight. The casebook is supplemented by an open-access website that offers additional resources and sources for further reading.
Author: Margo Schlanger
Publisher: West Academic Publishing
ISBN: 9781683287964
Category :
Languages : en
Pages : 1071
Get Book Here
Book Description
In the age of American mass incarceration, a complex legal regime governs prison conditions and presents a host of controversial questions at the intersection of constitutional liberty, statutory interpretation, administrative regulation, and public policy. This is a completely overhauled, re-titled, and much-expanded version of the leading casebook about incarceration. It addresses both pretrial and post-conviction incarceration, presenting Supreme Court and leading lower court case law, statutes, litigation materials, professional standards, academic commentary, and prisoner writing. Topics include conditions of confinement, civil liberties, particular prisoner populations and relevant legal issues (race and national origin discrimination, the particular issues/law governing treatment of incarcerated women, LGBTQ people, and people with disabilities). Litigated remedies (injunctive litigation, damages, the Prison Litigation Reform Act, and criminal prosecution of prison staff), are also covered in detail, as is non-litigation oversight. The casebook is supplemented by an open-access website that offers additional resources and sources for further reading.
Author: Richard A. Posner
Publisher: Createspace Independent Publishing Platform
ISBN: 9781976014796
Category : Courts
Languages : en
Pages : 302
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Book Description
In this book Judge Posner focuses on the problems of the pro ses, the people, often prisoners, who bring lawsuits without a lawyer and the staff attorneys who review these lawsuits and make recommendations to the judges on how to decide the cases. He has done extensive research into the procedures of all thirteen circuits and compares their performance. This is the most extensive comparative review of the staff attorney programs in the circuit courts that has ever been done. Judge Posner has many suggestions for improving the way these cases are handled. In addition, he discusses the need for televising the circuit court hearings. He is a believer in government transparency, and feels the public should have easy access to the workings of the courts. Finally, he reviews the duties of the circuit chief judge and recommends clarification of the position.
Author: Jeffrey Axelrad
Publisher:
ISBN:
Category : Administrative discretion
Languages : en
Pages : 206
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Book Description
Author: John W. Palmer
Publisher: Routledge
ISBN: 1317523865
Category : Law
Languages : en
Pages : 1159
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Book Description
This text details critical information on all aspects of prison litigation, including information on trial and appeal, conditions of isolated confinement, access to the courts, parole, right to medical aid and liabilities of prison officials. Highlighted topics include application of the Americans with Disabilities Act to prisons, protection given to HIV-positive inmates, and actions of the Supreme Court and Congress to stem the flow of prison litigation. Part II contains Judicial Decisions Relating to Part I.
Author: Jonathan Simon
Publisher: The New Press
ISBN: 1595587691
Category : Law
Languages : en
Pages : 226
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Book Description
Mass Incarceration on Trial examines a series of landmark decisions about prison conditions-culminating in Brown v. Plata, decided in May 2011 by the U.S. Supreme Court-that has opened an unexpected escape route from this trap of "tough on crime" politics. This set of rulings points toward values that could restore legitimate order to American prisons and, ultimately, lead to the demise of mass incarceration. This book offers a provocative and brilliant reading to the end of mass incarceration.
Author: Larry W. Yackle
Publisher: Oxford University Press
ISBN: 0195363418
Category : Social Science
Languages : en
Pages : 337
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Book Description
When the deplorable conditions in Alabama's prisons were revealed at trial in 1975, Judge Frank Johnson declared the prison system as a whole to constitute cruel and unusual punishment in violation of the eighth amendment. He then issued an elaborate decree specifying improvements that must be made to satisfy constitutional standards. In this study, Larry W. Yackle describes the campaign to achieve prison reform in Alabama through constitutional litigation in the federal courts and surveys the process that produced Johnson's decree, and subsequent efforts to enforce his order in the face of bureaucratic inertia, administrative incompetence, and political demagogy. A decade later, the prisons showed significant physical improvements, but Alabama's resistance to progressive penal policies remained intact and impeded lasting change. Covering the lawyers' strategies, Judge Johnson's creative actions, and the machinations of state and federal officials including the Department of Justice under President Ronald Reagan, this book conveys the frustrating yet effective effort at prison litigation and offers important lessons for other proponents of penal reform across the country.
Author: Malcolm M. Feeley
Publisher: Cambridge University Press
ISBN: 9780521777346
Category : Law
Languages : en
Pages : 516
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Book Description
Investigates the role of federal judges in prison reform, and policy making in general.
Author: Darrell Lee Ross
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 324
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Book Description
Annually, prisoners file more than 25,000 lawsuits against correctional personnel over a wide range of confinement issues. This book has been designed to keep personnel and students abreast of such litigation by addressing the varying topics, legal principles, and standards that have been developed by the United States Supreme Court. It provides an analysis of the civil liability issues that surface from confining detainees in jails and prisoners in adult institutions. Discussion of the trends in prisoner litigation for the past forty years is presented, combined with a legal analysis of the evolution of prisoners' rights and an examination of the impact of the Prison Litigation Reform Act of 1996. Ross also provides an assessment of the Federal Court system and a discussion of how Section 1983 lawsuits are litigated. Civil Liability Issues in Corrections reviews over 100 United States Supreme Court decisions and provides an assessment of numerous lower courts' decisions in applying the Court's standards in fifteen common prisoner litigation issues. Emerging themes are the use of force, cross-gender supervision, deaths in custody, medical/psychiatric care, and employee litigation against correctional managers; the book integrates case analysis and prior liability research in these correction content areas. Also included are an examination of line level officer and administrative liability responsibilities; a discussion on how to build a defense to future litigation; and a look at policy, training, and supervisory concerns.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 58
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Book Description
Author: United States. Department of Justice
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages : 720
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Book Description
