Term
Ruffin v. Commonwealth of Virginia |
|
Definition
1871-established slave of the state doctrine, saying that inmates basically have no rights in prison (start of hands-off doctrine) |
|
|
Term
|
Definition
refusal of the S.C. to accept lawsuits filed by inmates |
|
|
Term
|
Definition
1948-supported hands-off doctrine, saying prison inmates must expect that part of their punishment for their crime is the loss of freedoms that free citizens take for granted |
|
|
Term
|
Definition
1964-black Muslim inmates suing for right to practice religion; ended the hands-off doctrine of the courts, and led to numerous inmate litigation issues over the next 50 years |
|
|
Term
|
Definition
decisions of the courts that come before and are therefore binding on later decisions of courts within the same jurisdiction |
|
|
Term
|
Definition
right to be free from cruel and unusual punishment |
|
|
Term
|
Definition
1970-conditions of confinement case in an Arkansas prison established the reasonable sensitivity standard, saying that if people of reasonable sensitivity found the overall conditions shocking, they would constitute cruel and unusual punishment |
|
|
Term
|
Definition
1979- jail searches and overall conditions (double bunking) of jail confinement in NYC was acceptable based on security needs of facility. Established the punitive intent standard |
|
|
Term
|
Definition
states that the case should turn only on whether the practices in question violated detainees' rights to be free from punishment, using a standard of whether or not the individual restrictions were punitive or merely regulatory restraints, whether the practice is reasonably related to a legitimate goal other than punishment, and whether it appears to be excessive in relation to that alternative purpose |
|
|
Term
|
Definition
1893- test of proportionality. South Dakota case which says that punishments must be proportional to the offense |
|
|
Term
|
Definition
may not be deprived of liberty without due process of law |
|
|
Term
|
Definition
guarantees that no law shall be enacted that restricts an individual's freedom of religion, speech, or press |
|
|
Term
|
Definition
1974- freedom of speech challenge in WA. Established the balancing test, saying that prisoners retain first amendment rights provided they don't compromise legitimate penalogical objectives |
|
|
Term
Civil Rights Act of 1871 (and section 1983 of that act) |
|
Definition
Provides access to federal court for violation of any person's constitutional rights |
|
|
Term
Americans with Disabilities Act |
|
Definition
1991-handicapped persons have access to public buildings and programs |
|
|
Term
|
Definition
2006-the ADA applies to incarcerated persons |
|
|
Term
totality of conditions test |
|
Definition
Used to determine whether the overall conditions within a prison constitute cruel and unusual punishment |
|
|
Term
|
Definition
1976-Alabama prison case that established the totality of conditions test |
|
|
Term
|
Definition
1991-Ohio case that established the deliberate indifference standard that says in order to be found liable for damages, the inmates must prove that the state actors knew there was a rights violation but didn't act to correct it; they were deliberately indifferent to the problem |
|
|
Term
Conditions required for inmates to practice their religion |
|
Definition
religion is duly established; practices desired by inmates are part of the basic tenets of the religion; practices do not present a clear and present danger to the security and orderly running of the prison |
|
|
Term
|
Definition
1972-religious freedom case, stating that inmates must be given reasonable opportunity to practice their religion |
|
|
Term
|
Definition
1977-case that prohibited CONS religion because it was not an established religion |
|
|
Term
O'Lone v Estate of Shabazz |
|
Definition
1987-prisons don't need to rearrange schedules to accomodate religious services |
|
|
Term
|
Definition
1996-MO case which mandated prisons must allow sweat lodges for Native American religious ceremonies |
|
|
Term
|
Definition
2008-reversed finding regarding sweat lodges in Hamilton v. Schriro |
|
|
Term
|
Definition
1987-key court case that established the legitimate penalogical interest standard which said that basically prisons could limit any constitutional rights of an inmate provided it could show that doing so was related to a legitimate penalogical interest, such as safety, security, or rehabilitation |
|
|
Term
Religious Land Use and Institutionalized Persons Act (RLUIPA) |
|
Definition
2000-government bears the burden of proof to demonstrate it has a compelling interest whenever it denies inmates practice of their religion |
|
|
Term
|
Definition
1976-prisons must provide medical care to people the state incarcerates |
|
|
Term
|
Definition
1980-deliberate indifference can result from repeated negligent acts (such as ignoring requests to see the dentist) |
|
|
Term
|
Definition
the test established in Fernandez v. United States that medical care for inmates must be reasonably commensurate with medical care they would receive if not imprisoned |
|
|
Term
|
Definition
1971-prisons can ban books from a prison that create a clear and present danger to staff and other inmates |
|
|
Term
|
Definition
1989- wardens can ban books that disrupt the orderly running of the facility |
|
|
Term
|
Definition
1978-to prevent smuggling of contraband, inmates may only receive books and magazine that come directly from the publisher |
|
|
Term
|
Definition
1969-inmates have the right to have full access to the courts, either through legal assistants, or by providing a fully stocked law library within the prison |
|
|
Term
|
Definition
1995-allows cross gender searches |
|
|
Term
|
Definition
right to be free from unreasonable searches and seizures |
|
|
Term
|
Definition
1974-established due process rights of inmates when they face disciplinary action for prison rule violations |
|
|
Term
|
Definition
1984-inmates have no rights to expectation of privacy within a prison |
|
|
Term
Byrd v. Maricopa County Sheriff's Department 2009 |
|
Definition
9th Circuit just reversed the lower court finding and said it was a 4th amendment violation to allow a man to be searched by a female cadet |
|
|
Term
|
Definition
1972-S.C. said the way capital crimes cases were being decided was arbitrary and capricious, and therefore unfair in the manner it was applied. This led to states revising their penal code and court procedures on how capital cases were being tried. Stopped all executions for four years. Bifurcated trials. |
|
|
Term
|
Definition
used in capital cases, with guilt first established at a traditional trial, and if found guilty, a second stage of sentencing considers between death and life imprisonment |
|
|
Term
|
Definition
1976-first case that met the S.C.'s approval that the decision was not arbitrary |
|
|
Term
|
Definition
1977-capital punishment is excessive punishment for people convicted of rape |
|
|
Term
|
Definition
1986-determined that executing a mentally ill person violated the 8th amendment |
|
|
Term
|
Definition
2002-Determined that executing a mentally retarded person (IQ>70) was cruel and unusual punishment, and violated the 8th amendment |
|
|
Term
|
Definition
2004-Can't execute people who were under the age of 18 at the time of their crime |
|
|
Term
|
Definition
2008-lethal injection as a method of execution is not cruel and unusual punishment |
|
|