NCJ Number
7486
Journal
Villanova Law Review Volume: 16 Issue: 6 Dated: (AUGUST 1971) Pages: 1031-1046
Date Published
1971
Length
16 pages
Annotation
TRADITIONAL LIMITATIONS ON PRISONERS' SUITS, SUCH AS THE DOCTRINE OF ABSTENTION, ARE REVIEWED, AND SUGGESTIONS ARE OFFERED FOR INCREASING COURT INVOLVEMENT IN PRISON LIFE.
Abstract
THE AUTHOR, A JUDGE OF THE PHILADELPHIA COURT OF COMMON PLEAS, CRITICIZES JUDICIAL INDIFFERENCE TO THE FATES OF MEN WHOM THEY SENTENCE TO PRISON. HE ARGUES THAT JUDICIAL INTERVENTION IN PRISON ADMINISTRATION IS NO DIFFERENT FROM JUDICIAL REVIEW OF THE ACTIONS OF OTHER ADMINISTRATIVE BODIES, SUCH AS THE FEDERAL TRADE COMMISSION. HE ALSO CONSIDERS THE POSSIBILITY OF JUDICIAL WRITS OF MANDAMUS TO COMPEL STATE LEGISLATORS AND EXECUTIVES TO APPROPRIATE SUCH FUNDS AS ARE REASONABLY NECESSARY TO PROVIDE EFFECTIVE PRISONS. THIS ARTICLE IS ONE OF THE WORKING PAPERS WHICH WAS DELIVERED AT A SYMPOSIUM IN PENNSYLVANIA ON PRISONERS RIGHTS. FOR THE TEXTS OF THE OTHER WORKING PAPERS, SEE NCJ-07482 THROUGH NCJ-07485.