Incarceration and the Law, Cases and Materials

Incarceration and the Law, Cases and Materials
Author: Margo Schlanger
Publisher: West Academic Publishing
Total Pages: 1071
Release: 2020-05-29
Genre:
ISBN: 9781683287964
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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.

Constitutional Rights of Prisoners

Constitutional Rights of Prisoners
Author: John W. Palmer
Publisher: Routledge
Total Pages: 1159
Release: 2014-09-19
Genre: Law
ISBN: 1317523865
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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.

Health and Incarceration

Health and Incarceration
Author: National Research Council
Publisher: National Academies Press
Total Pages: 67
Release: 2013-08-08
Genre: Law
ISBN: 0309287715
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Over the past four decades, the rate of incarceration in the United States has skyrocketed to unprecedented heights, both historically and in comparison to that of other developed nations. At far higher rates than the general population, those in or entering U.S. jails and prisons are prone to many health problems. This is a problem not just for them, but also for the communities from which they come and to which, in nearly all cases, they will return. Health and Incarceration is the summary of a workshop jointly sponsored by the National Academy of Sciences(NAS) Committee on Law and Justice and the Institute of Medicine(IOM) Board on Health and Select Populations in December 2012. Academics, practitioners, state officials, and nongovernmental organization representatives from the fields of healthcare, prisoner advocacy, and corrections reviewed what is known about these health issues and what appear to be the best opportunities to improve healthcare for those who are now or will be incarcerated. The workshop was designed as a roundtable with brief presentations from 16 experts and time for group discussion. Health and Incarceration reviews what is known about the health of incarcerated individuals, the healthcare they receive, and effects of incarceration on public health. This report identifies opportunities to improve healthcare for these populations and provides a platform for visions of how the world of incarceration health can be a better place.

Ethical Considerations for Research Involving Prisoners

Ethical Considerations for Research Involving Prisoners
Author: Committee on Ethical Considerations for Revisions to DHHS Regulations for Protection of Prisoners Involved in Research
Publisher: National Academies Press
Total Pages: 284
Release: 2007-01-22
Genre: Political Science
ISBN: 0309164605
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In the past 30 years, the population of prisoners in the United States has expanded almost 5-fold, correctional facilities are increasingly overcrowded, and more of the country's disadvantaged populations—racial minorities, women, people with mental illness, and people with communicable diseases such as HIV/AIDS, hepatitis C, and tuberculosis—are under correctional supervision. Because prisoners face restrictions on liberty and autonomy, have limited privacy, and often receive inadequate health care, they require specific protections when involved in research, particularly in today's correctional settings. Given these issues, the Department of Health and Human Services' Office for Human Research Protections commissioned the Institute of Medicine to review the ethical considerations regarding research involving prisoners. The resulting analysis contained in this book, Ethical Considerations for Research Involving Prisoners, emphasizes five broad actions to provide prisoners involved in research with critically important protections: • expand the definition of "prisoner"; • ensure universally and consistently applied standards of protection; • shift from a category-based to a risk-benefit approach to research review; • update the ethical framework to include collaborative responsibility; and • enhance systematic oversight of research involving prisoners.

Appealing to Justice

Appealing to Justice
Author: Kitty Calavita
Publisher: Univ of California Press
Total Pages: 264
Release: 2015
Genre: Law
ISBN: 0520284186
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Having gained unique access to California prisoners and corrections officials and to thousands of prisoners’ written grievances and institutional responses, Kitty Calavita and Valerie Jenness take us inside one of the most significant, yet largely invisible, institutions in the United States. Drawing on sometimes startlingly candid interviews with prisoners and prison staff, as well as on official records, the authors walk us through the byzantine grievance process, which begins with prisoners filing claims and ends after four levels of review, with corrections officials usually denying requests for remedies. Appealing to Justice is both an unprecedented study of disputing in an extremely asymmetrical setting and a rare glimpse of daily life inside this most closed of institutions. Quoting extensively from their interviews with prisoners and officials, the authors give voice to those who are almost never heard from. These voices unsettle conventional wisdoms within the sociological literature—for example, about the reluctance of vulnerable and/or stigmatized populations to name injuries and file claims, and about the relentlessly adversarial subjectivities of prisoners and correctional officials—and they do so with striking poignancy. Ultimately, Appealing to Justice reveals a system fraught with impediments and dilemmas, which delivers neither justice, nor efficiency, nor constitutional conditions of confinement.