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Legal Rights of the Convicted

NCJ Number
Barbara Belbot; Craig Hemmens
Date Published
268 pages
This book examines the balance between individual due process and the institutional obligation to manage a safe and secure facility.
This book examines the rights of convicted offenders from sentencing, through incarceration, and into community supervision. Chapter 1 focuses on the sources of prisoners' rights law and explains the role played by Federal and State constitutions statues, administrative regulations, and case law. Chapter 2 discusses the history of sentencing and the call for reform in the sentencing process. Chapter 3 examines the rights of prisoners to communicate with the attorneys and the courts and with all of the other non-legal people in their lives. Chapter 4 examines the important legal questions related to prisoners' rights under both the Free Exercise and the Establishment Clauses of the Constitution, including the right of prisoners to peaceably assemble and associate with organizations, and the right to marry while incarcerated. Chapter 5 examines the application of the Fourth Amendment to the prison setting. Chapter 6 traces the use of force from its early roots through English common law, to its present conception in correctional settings. Chapter 7 focuses on due process and the prisoner disciplinary system and inmate classification. Chapter 8 discusses the eighth amendment's cruel and unusual punishment clause and how it has been interpreted in prisoners' rights cases. Chapter 9 examines the Supreme Court and the rights of jail inmates, lower courts and the rights of jail inmates, and jail suicide cases. Chapter 10 examines probation and parole. Chapter 11 examines the legal basis for prisoner rights lawsuits. List of court cases and index


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