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by Muntaisha Ross
Submission date: 08-May-2018 10:28AM (UT C-0700)
Submission ID: 960893699
File name: IP3_Prison_Law.docx (26.2K)
Word count: 1371
Character count: 7211
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ORIGINALITY REPORT
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SIMILARIT Y INDEX
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INT ERNET SOURCES
PUBLICAT IONS
ST UDENT PAPERS
PRIMARY SOURCES
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8%
Submitted to American Intercontinental
University Online
St udent Paper
2
Submitted to Colorado Technical University
Online
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St udent Paper
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5
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supreme.justia.com
Int ernet Source
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www.law.cornell.edu
Int ernet Source
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www.legco.gov.hk
Int ernet Source
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Running Head: MANAGEMENT OF PRISONS
1
Management of Prisons
Name
Institution
Date
MANAGEMENT OF PRISONS
Impact of US Supreme Court decisions on the Management of Prisons
Prison Management is the procedural and structured running of prison systems that
allows inmates to express their views on a wide range of issues or relevance for their collective
lives in prison. Disciplinary process is an approach used by prison management to gap or
regulate undesirable behaviors and performances using corrective action process. This majorly
helps to regulate disciplinary cases in prison systems and help in upholding prisoner relations
According to the hearings of Wolff v. McDonnell (1976) and Sandin v. Conner (1995), there are
some addressed issues that are clearly depicted, this issues include;
According to Wolff v. McDonnell (1976), a prisoner filled a complaint for damages and
injunctive relief in which he alleged that the proceedings violated the due process and that the
inmate legal assistance program did not meet the constitutional standards.
The inmate also alleged that the regulations governing the inmateâ??s mail were unconstitutionally
restrictive; the district court dismissed the prisonerâ??s being the respondent claim regarding the
procedural due process but the courts couldnâ??t ignore all evidence brought to stage and they
issued partial relief on the respondent and held that the inmates policy of inspecting all attorneyprisoner mail was improper, the court also posed that the restrictions on inmates legal assistance
were not constitutionally faulty.
The prisoner in question being the respondent appealed his case to the courts of appeals
which they ruled on his favor on the claim with respect to the due process claim, holding that the
procedural proceedings and requirements outlined in the intervening decisions basing their
arguments on Morrissey v. Brewer, 408 U. S. 471. The courts of appeal even though they helped
in hearing the respondentsâ?? case, they left the specific requirements including in this case the
MANAGEMENT OF PRISONS
circumstances or the situations which the counsel might be required to be determined by the
district court on remand.
The court of appeal also held the restoration of good time credits referencing to 1983 suit
but commanded complete removal from inmates records misbehavior determinations that were
arrived at that had not complied with the due process. Generally the courts of appeal helped in
provision of prisoner legal assistance and they gave them some rights to protect them. The courts
of appeal showed that by overruling the district court judgment and upholding the prisonerâ??s
claim.
According to Sandin v. Conner (1995, a respondent alleged in a suit that the petitioner
and Hawaii prison official deprived him procedural due process when an adjustment committee
refused him to present a witness during a disciplinary hearing and ending up throwing him in jail
because of segregation to misconduct. After the prisoner appealed his case to the courts of appeal
overruled the district courts by granting the prisoner privilege that the prisoner had liberty
interest in remaining free of disciplinary segregation and that there was a disputed concern
whether the prisoner had received
all of the process due in regards to Wolff v.
McDonnell (1976),. The courts instructed the committee to find guilt when a misconduct charge
is supported by substantial evidence on prison regulation rules. This instruction posted a
disclaimer of whether the committee may not impose segregation if it might not find substantial
evidence in regards to misconduct.
Also under Wolff, states in certain circumstances create liberty interests that are protected
by the due process; this clause is still being used up to date in modern courts in solving civil and
mostly criminal cases.
MANAGEMENT OF PRISONS
These courts provided a line of duty or operation line for the officers or prison wardens and also
the justice firms involved in prisoner cases. They showed that any civil servant offending the
rights of a prisoner can be held responsible and the consequences of the same are severe that it
affects the life of the victim directly. Some of the consequences are as below;
1. Job loss â?? This is applicable to all the civil servants breaking the law, this measure was
enacted this people are trained to keep and treat prisoners in a particular rightful manner
and so there is no reason to not be punished if you break the law which you are enforcing
on others. This is depicted well on the courts of appeal overruling the case in Hawaii in s
of law the district courts. That time the judges were not fired but it led to creation of such
law punishing law enforcement agents conducting unlawful acts. The U.S constitution
protects the law enforces being stripped off their jobs as a result of appeals which are
made by people who are considered dangerous to the society or other inmates. Some
prisoners may take advantage of such laws and collaborate to get rid of lawful civil
servants who put them in jail in the first place.
2. Scheduled segregation â?? This describes the separation of inmates from the general
population, this act is effected on high or adult prison jails mostly where all sorts of
criminals are held. Scheduled segregation was enacted to help in putting dangerous law
offenders in separation or solitary cells. This segregation was enacted as a result of
Hawaii case of a prisoner being denied his rights to present a witness in the courts of law.
This measure is allowed to be effected on prisoners who are considered dangerous to the
prison guards or other inmates, but also the law or the U.S constitution protected inmates
MANAGEMENT OF PRISONS
who are unlawfully exposed to the act wrongfully or as an act of punishment. Such
measure is not a punishment at all.
3. Loss of commissary privileges â?? This is a prisoner deprivation of privileges in the prison
system, such privileges may include, loss of telephone calls for a certain duration of time,
loss of recreation and sun bathing, loss of TV privileges and many more depending on the
correctional facilities and laws governing these systems. This are necessary measures that
are helpful in keeping prison in order or making it easy for prison wardens and prison
officials in smooth running of prison systems. This is because the inmates are afraid of
such measures being effected on them, no one would love to be punished twice as being
in prison itself is a punishment on its own. Again the law protects the inmates interests
and rights by defending the unrightfully implementation of the same punishment when
one does not deserve it. The U.S constitution protects the prisoners who presents their
cases well in courts of law and they even allow the inmates or complainants to appeal
their cases to a higher courts if they feel their cases were not properly heard. But at the
same time this courts do not take it easy on law offenders who deserve such sanctions on
them, the constitution supports the implementation of this kind of punishment to those
who lawfully deserve loss of commissary privileges.
Basing on the two cases above, the courts are amending laws to the best interest of both the
defendant and the complainant. The modern courts of law still practice these laws and judges
come to decision of complicated cases basing their arguments on relating cases of past times.
MANAGEMENT OF PRISONS
References
Al-Rousan, T., Rubenstein, L., Sieleni, B., Deol, H., & Wallace, R. B. (2017). Inside the nationâ??s
largest mental health institution: a prevalence study in a state prison system. BMC public
health, 17(1), 342.
Narag, R. E., & Jones, C. R. (2017). Understanding prison management in the Philippines: A
case for shared governance. The Prison Journal, 97(1), 3-26.
Carter, J. (2017). Mass Incarceration, Co-Governance, and Prison Reform in Honduras: Inmate
councils have been crucial to the day-to-day administration of a prison system
functioning at its financial limits. But President Juan Orlando Hernández has other
reforms in mind. NACLA Report on the Americas, 49(3), 354-359.
Goffman, E. (2017). Asylums: Essays on the social situation of mental patients and other
inmates. Routledge.
Fleisher, M. (2017). Prison Gangs, Street Gangs: A Critique of Theories of Prison Violence and
Prison Research Methodologies: Very Rough Draft.
Shrestha, G., Yadav, D. K., Sapkota, N., Baral, D., Yadav, B. K., Chakravartty, A., & Pokharel,
P. K. (2017). Depression among inmates in a regional prison of eastern Nepal: a cross-sectional
study. BMC psychiatry, 17(1), 348.

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