NCJ Number
90358
Date Published
1983
Length
427 pages
Annotation
Written as a summary of the emerging law of corrections and prisoners' rights, this book covers the correctional process from pretrial diversion to the restoration of offender rights upon release from institutions.
Abstract
Following an overview of the correctional process and consideration of the role of law in corrections, the sentencing process is examined, including sentencing objectives; the legislative, judicial, and administrative authority and division of responsibility for sentencing decisions; disparity and individualized justice in sentencing; the impact of plea bargaining on sentencing; procedural protections in sentencing; and accountability and review of the sentencing process. Another chapter addresses the loss of rights associated with becoming a pretrial detainee or a convicted offender. Attention is given to limitations that should be placed on loss of rights. The authority and responsibility of correctional agencies in incarceration are covered under the topics of the organization of correctional systems, the delegation of authority to corrections agencies for the care and custody of prisoners, and the evolving attitude of the courts toward judicial interference with prison administration. Consideration of prisoners' rights and responsibilities focuses on the rights of expression and association, the prohibition of cruel and unusual punishment, equal protection, procedural rights, property rights, the right to a speedy trial, property rights, and double jeopardy. Other chapters cover prisoners' remedies; community corrections in lieu of, as part of, or after incarceration; and the restoration of offenders' rights. A table of cases and a subject index are provided along with a listing of other publications in the Nutshell Series.