Legal Aspects of Corrections Management
Legal Aspects of Corrections Management

Author: Daryl Kosiak

Publisher: Jones & Bartlett Learning

Published: 2021-02-22

Total Pages: 490

ISBN-13: 1284211533

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Legal Aspects of Corrections Administration, Fourth Edition helps students evaluate how laws and court decisions drive the creation of correctional policies in America’s jails and prisons.

Legal Aspects of Corrections Management
Legal Aspects of Corrections Management

Author: Clair A. Cripe

Publisher: Jones & Bartlett Publishers

Published: 2013

Total Pages: 633

ISBN-13: 1449639402

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This updated third edition of Legal Aspects of Corrections Management provides a current, informative, and reader-friendly discussion of the contemporary legal issues impacting corrections management. Through the use of case law, this text provides readers with a practical understanding of how the First, Fourth, Fifth, Eighth and Fourteenth Amendments relate to the day-to-day issues of running a prison, jail, and other corrections programs, such as probation and parole. The authors' combined corrections experience included such positions as General Counsel, Regional Counsel, and Correctional Program Officer, as well as working within corrections facilities. Their work involved advising corrections staff and management on the legal issues associated with policies and procedures. The authors also have extensive teaching experience in corrections law, the criminal justice system, and criminology. The benefits of such experiences are reflected in the comprehensive coverage of topics in this accessible and updated Third Edition. New to the Third Edition: -Cases and statistical information have been thoroughly updated. -Contains many new photos and figures throughout -New sections include: *Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) *Double Jeopardy *DNA Collection *Searches of Non-Inmates *Legal Challenges to the Method of Execution *Standards of Employee Conduct *Fair Labor Standards Act *Portal-to-Portal Act *Title VII and Inmate-Created Hostile Work Environment *The Americans with Disabilities Act *Death Penalty for Juvenile Offenders Key Features: -Includes engaging real-world examples of common problems and occurrences in corrections to provide students and practitioners with a good understanding of the legal aspects of corrections management. -Provides insight into the legal steps that should be anticipated in a correctional lawsuit. -Provides an accessible and easy-to-understand collection of Supreme Court and significant lower court rulings on key issues in corrections. With the focus on Supreme Court cases, the text has applicability nationwide. -Focuses on constitutional issues affecting such areas as inmate correspondence, visiting, and religion (First Amendment); search and seizure, privacy (Fourth Amendment); due process (Fifth and Fourteenth Amendments); equal protection (Fourteenth Amendment); and the death penalty, conditions of confinement (cruel and unusual punishment), and health care (Eighth Amendment). -Includes coverage of statutory and administrative law, as well as chapters on probation and parole, jails, juveniles, privatization, and the loss of rights of convicted persons. -Includes examples of relevant documents, such as a civil complaint; a sample presentence investigation report; a listing of inmate rights and responsibilities; of misconduct charges; and of mission statements for departments of corrections.

John Paul Stevens and the Constitution
John Paul Stevens and the Constitution

Author: Robert Sickels

Publisher: Penn State Press

Published: 1990-10-01

Total Pages: 177

ISBN-13: 0271073055

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A good pragmatist's constitutional theory is inseparable from the legal disputes out of which it arises. John Paul Stevens's theory, that of deciding individual cases well instead of applying constitutional principles in the abstract to cases by category, thus lends itself to being studied in its natural, factual habitat—in his own words, case by case. That's what this book does. In Chapter 1 Sickels distills Stevens's thoughts about law and appellate judging from his early writings and his opinions on the federal appeals court and, from 1975 to the present, on the U.S. Supreme Court. Stevens shows a concern for facts and consequences, for balancing, for deference to other decision makers unless they have been careless, for avoidance of undue complexity in judge-made law, and for drawing the line between clarity and oversimplification in legal rules. The next three chapters describe the application of Stevens's pragmatism to areas of constitutional law to which the Court and he especially have devoted most attention in recent years: First Amendment guarantees of freedom of expression and religion, the procedural guarantees (broadly, due process) of the Bill of Rights and the Fourteenth Amendment, and the equal protection of the laws. In each area, Stevens's special contributions are described. The concluding chapter places Stevens's judging in the contexts of the ongoing debate about the legitimacy of balancing, the ways of other moderates on the Court, and the voting records of the other members of the Court as a whole. Unique to this work is a meaningful introduction to the term moderate when applied to a Supreme Court justice, a definition based on careful analysis of the interplay of general rules and specific, case-by-case context. As such it is the very essence of Stevens's own way of judging and thus enables analysis of the work of a pragmatist on his own terms rather than through the distortions of a conflicting theory of law. John Paul Stevens is recognized as a jurist of unusual ability and one adheres to no ideological camp. While it is one thing to know he is neither rigid liberal nor a conservative, this book goes beyond the "neither nor" to accomplish the more difficult goal of defining what he is. This study is intended for scholars and students of the Supreme Court, the Constitution, the courts, and the American political process. Lawyers working before the Supreme Court, informed generalists, and courtwatchers generally, whether liberal, conservative, or neutral, will find much of interest here.