Welcome to Corrections 106-Legal Aspects of Corrections

Please print this page and complete the required sections. The recommend text is Correctional Law for the Correctional Officer, William C. Collins, J.D., Graphic Communications, Inc., Upper Marlboro, MD. The text may be ordered by calling the American Correctional Association at 1-800-ACA-JOIN. There are no CD's/Audios Required! Please complete the discussion question for each unit. When you have completed your assignments, please submit your work to your instructor. The preferred method of submission is email. However, if you are mailing your assignment:

Mail to:

Rio Hondo College
Department of Public Safety
3600 Workman Mill Road
Whittier, CA 90608

 

Course Description:  This course provides students with an awareness of the historical framework, concepts, and precedents that guide correctional practice. Course material will broaden the individuals perspective of the Corrections environment, the civil rights of prisoners, and the responsibilities of Corrections officials.

Course Objectives: List the class and/or discuss the following:

Unit 1- email your instructor and acknowledge due dates for completed work and final exams. 

Post answers to the instructor's e-mail for the following:

What are the categories of information listed on the NCJRS homepage?

What sites were listed when you searched for NCJRS on Google.com

Unit 2 - History of Courts and Corrections.  Define and discuss 

    A.  Changes in the relationship between the courts and corrections.

    B.  The concept of "hands on" and "hands off".

Unit Overview:  The courts now serve a dual purpose in the criminal justice system. The courts control crime, determine guilt or innocence, and impose sentences; and enforce the requirements of the Constitution against government agencies and employees on behalf of all citizens. The courts change as times change--applying present-day attitudes, while considering what was done in the past, and at the same time projecting what should be done in the future. It is said that the Supreme Court has kept the Constitution up-to-date and will continue to do so.

Unit 3 - Lawsuits; Access to the Courts; Inmate Rights.  Define and discuss 

    A.  Inmate rights

     B.  Inmate access to the court.

Unit Overview:  The overwhelming majority of lawsuits filed by offenders involving correctional personnel are civil rights brought under a federal statute U.S. Code Section 1983, commonly known as the Civil Rights Act. This Act was passed by Congress in 1871. It was a reaction to the activities of the Klu Klux Klan. It was not used to much extent until the 1950s and '60s, when civil rights advocates used it in many forms of litigation in civil rights including inmate rights. As a general rule, civil rights must be directed to a "person" and not against the State (or State agencies). However local government, such as cities and counties, are considered to be a "person" by the Supreme Court and can be sued directly.

One form of relief from federal courts comes from the Prison Litigation Reform Act, passed by Congress in 1996. PLRA was intended to limit the scope of federal oversight over correctional facilities. PLRA also stipulated that an inmate must first go through the institution's grievance process before he or she could file with the court. Whether or not this has slowed the flood of lawsuits is unanswered.

Inmate rights versus the Institutional interests. The institution, even those with a liberal attitude, is pressed when it tries to balance inmate rights with its own. Something has to give--at the present time the courts say that the institution must show that institutional security may be compromised, and that no reasonable mechanism exists to accommodate the inmate's request. Inmate claims of "specific" privilege is a common case. Religion beliefs are often the issue at hand. The wearing of religious medallions for instance. Inmates want to wear a cross (or other item of personal religious significance) and staff says no because of the potential that the item could be used as a weapon, or stolen leading to inmate disturbances.

Unit 4 - The First and Fourth Amendments.  Define and discuss:

    A.  The First and Fourth Amendments

    A.  The impact of First and Fourth Amendment upon Correctional Institutions.

Unit Overview:  The First Amendment to the U.S. Constitution provides freedom of religion, of speech, and of the press. These "rights" are recognized as absolutely basic parts of the structure of American society. The courts say that governments (Federal, State, County, and Municipality) cannot restrict these rights unless they can justify that a "clear and present danger" existed. This is the general approach by the courts when it involves the average citizen (free person). The courts have also said that when a prisoner is involved, First Amendment rights are somewhat reduced on the basis that the government (Correctional Agency) is charged with running a safe secure facility.

The Fourth Amendment to the U.S. Constitution, in part, provides for security from unwarrantable search and seizure. As a general rule (supported by the Court) search warrants are not required for searches conducted in a jail or prison. The test is whether or not the search was reasonable, and conducted in a professional non-degrading manner. If the search is conducted in a place and manner which is degrading, or accompanied by insulting demeaning statements the courts will take a different view of the matter (subject of a lawsuit). Cell searches, a common necessary practice in a jail or prison are allowed. The courts will not tolerate the practice of "turning the inmate's cell into shambles." Throwing everything the inmate owns out into the cell row is one of the prohibited tactics.

Unit 5 - The Eighth Amendment.  Define and discuss:

    A.  The purpose of the Eighth Amendment.

    B    The impact of the Eighth Amendment on Corrections.

Unit Overview:  The Eighth Amendment to the U.S. Constitution addresses fines, bails, and punishments. Through it "cruel and unusual punishment" clause, this amendment has been more significant for corrections than any other amendment during the inmate rights movement. The use of force, length and severity of sentences are challenged under the Eighth Amendment; especially in regards to death penalty cases. Death penalty cases, excessive fines and bail amounts are not a direct concern to corrections.

Cruel and unusual punishment, could draw the attention of the courts where inmates are concerned. The Supreme Court has established a "test" for violations, where the act;

Unit 6 - Suicide; Use of Force.  Define and discuss

    A.  The threat and cause of inmate suicide

    B.  The liability to the Institution.

Unit Overview:  Suicide. Nearly half of all inmate deaths are suicides, and the majority of the suicides occur in jails, at a rate of three times those in prisons. The probable cause for the high incident rate in jails is the type of inmate housed there. The inmates are often first-time offenders who are emotionally distressed, alcoholics, drug users, all of which are in a state of mixed emotions. Pre-sentenced inmates awaiting trial "fearing the worst." Suicide to some may seem the way out of an intolerable situation.

Lawsuits by family, or inmate rights advocate groups, are sure to follow in most cases, alleging a lack of intervention, or callous indifference on the part of institution officials. The basic premise is that there was some failure on the part of institutional staff resulted in the death of the victim and that despite the victim's intention to take his or her own life the institution in some way should have intervened to prevent the suicide.

Under the basic tort law, the custodian has the duty to take "reasonable" steps to protect those in custody.

Failure to identify, where officials, usually the arresting or transporting officers, had some information that the person is a possible threat to themselves, and did not advise other officials (jailers, etc.).

Failure to monitor, where officials did not keep a close-enough watch of the victim resulting in a failure to detect and respond to the suicide attempt.

Failure to respond, where the officials did not respond quickly enough to the attempt, or did not provide a medical response.

Unit 7 - The Fourteenth Amendment.  Define and discuss

    A.  The 14th Amendment

    B.  The impact of the 14th Amendment to Institutional Processes.

Unit Overview:  The Fourteenth Amendment to the U.S. Constitution reads, in part, that no state (including counties and cities) shall deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. The Fourteenth Amendment applies to the states. The Fifth Amendment with its "due process" clause applies to the federal government.

When we speak of a free person, then "due process" seems a natural and expected right. When we think of inmates and prisoners, and the like, the first thought to cross our mind is that they have already lost their liberty and/or property. The courts say "no, even while in custody, there is still a limited version of personal freedom." Actions by correctional officials that deprive even this "freedom" may be subject to due process. Unfortunately, the courts have not been consistent in saying when "due process" is a factor, and subject to jurist inspection.

Not every incident of discipline is subject to due process. One example is that inmates do not have the right to confront or cross examine witnesses during a disciplinary hearing. This is based on the fact that most of the information against an inmate is obtained from other inmates. Revealing their identity would place them in danger. During the hearing, the hearing officer or board can, in sidebar, question the reliability and credibility of the witness inmate. The officer need only present "some evidence" which the hearing officer could have relied upon to find against the inmate. This would meet the due process requirement.

Unit 8 - Litigation & Lawsuits.  Define and discuss 

    A.  The impact of  lawsuits on corrections institutions

    B.  The Tort process.

Unit Overview:  There are more lawsuits filed by, or on behalf of, prison and jail inmates than from any other group of people. If you work in a prison or jail, it is only a matter of time before you are named in a lawsuit or writ to the court. Fortunately, a high percentage of the lawsuits against corrections workers are resolved in favor of the employee. This statistic will not take away those first reactions of "will I have to pay damages?", "will I lose my job?", and "who will pay for my attorney?"

If you are a state employee, there are statutes "tort laws " which stipulate that the state attorney general's officer will provide a defense, and that the judgment will paid by the state (even when the officer is held "personally responsible." The state may elect to not defend the employee if the actions taken were outside of the employee's scope of duty, or were not taken in good faith.

If you work for a local government (city and county), the "tort laws" that exist may provide legal aid and judgment payment. Local governments are often "self insured" meaning that damages will be out of pocket--if ruled against in court.

If the actions by the employee are criminal, the state (or city, or county) may not provide counsel. You can be sure however that the governmental body (correctional institution) will be sued along with the offending employee.

The litigation process begins with a summons and complaint served against the agency, and/or employee. The summons is a notification of the suit, and the complaint describes the nature of the suit, and what the plaintiff is asking. The "served" defendant usually has a period of thirty days (depending upon the state) to respond. Failure to respond could result in a "default judgment" in favor of the plaintiff. Any corrections worker receiving a summons should immediately contact their attorney; they should not contact the plaintiff/attorney. The summons, complaint, and "answer" are all legal processes within the court system.

Under the rules of civil procedure, each side is entitled to all of the facts possessed by the other side. This is a process called discovery. This applies to both civil and criminal cases. Discovery is intended to sort out all of the facts of the case, and hopefully allow it to come to some resolution before going to trial--legal posturing if you will! Discovery is also a show of fair play--the courts dislike surprises being sprung during the trial and the hiding facts (evidence; witnesses) until the trial is underway. Discovery takes four forms: depositions, interrogatories, motions to produce documents, and requests for admissions.

Unit 9 - Officer's Rights.  Define and discuss 

    A.  The obligations of the corrections officer.

    B.  The rights of corrections officers 

Unit Overview:  Working in a correctional institution may seem that you the employee have few supporters and champions to protect you from lawsuits, and arbitrary decisions by superiors, and/or the courts. The good news is that there are "rights" for the correctional worker. This unit addresses some of the sources of these rights.

Union contracts provide for overall working conditions, such as level of pay, promotions, overtime, vacations, military leave, and sick leave time. Contracts may also address disciplinary actions and testing for drug usage.

Civil Service laws address, among other matters, what due process must be followed when disciplinary action will be taken against an employee.

Discrimination laws, both Federal and State, protect the employee from discrimination based upon race, sex, national origin, religion, color, age, and [physical] disability. It is not always easy to show that discrimination is based upon one of these categories. It not likely to see a bulletin that says "Irish need not apply" or something similar. By the way, back in the 1800s, the signage "INNA" on the doorway of a business meant just that--no Irish immigrants were welcome. Discrimination in the workplace is usually found out by statistical means--where the number of persons in an employment category is too small to mean anything else. The employee who believes that he or she is the victim of discrimination may have a difficult time proving it if their overall experience, education, or other limitations are genuine disqualifiers. There is also the employer's right to justify that selection, or current practice, serves some legitimate employment goal.

Affirmative Action, is another protection against discrimination. The difference is that it a reverse of the discrimination laws. It gives preferential treatment to certain employment categories to offset past practices that precluded them from consideration for employment, promotion, and training. This is a delicate legislature because of the "inherent" discrimination. Lawsuits from both the minority and majority categories have been filed under "class action suits."

Sexual Discrimination and Harassment laws, were enacted under Title VII of the Civil Rights Act, 42 USC 2000e, to protect the employee from discrimination based solely on sex. The employer must show that different treatment is based upon bona fide occupational qualifications, and that gender is one of the selection criteria. For example, female officers may supervise male inmates in most situations. The exception may be in the shower areas, or where strip searches and fumigation is conducted. The presence of persons of the opposite gender could be an invasion of privacy.

The Americans with Disabilities Act, prohibits discrimination against otherwise qualified staff, or job applicants on the basis of a disability. This act requires the employer to make "reasonable accommodations" for disabled persons. ADA defines a disabled person as having: