PRISONS - REHABILITATION OF CRIMINALS - PRESENTENCE STUDIES DONE IN THE OVERCROWDED DISTRICT OF COLUMBIA JAIL, AND INCARCERATION OF YOUTHFUL OFFENDERS IN AN OVERCROWDED YOUTH FACILITY FRUSTRATE ... US V ALSBROOK

• NCJ Number: 13768
• Journal: University of Cincinnati Law Review Volume: 41 Issue: 3 Dated: (1972) Pages: 716-730
• Author(s): A C SINGER
• Date Published: 1972
• Length: 15 pages
• Corporate Author: University of Cincinnati
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

REVIEW OF A DISTRICT OF COLUMBIA CASE ILLUSTRATING AN EMERGING RIGHT TO REHABILITATION, PARTICULARLY FOR THE YOUTHFUL OFFENDER, AND AN EFFECTIVE COURT REMEDY OF ORDERING PUBLIC OFFICIALS TO PLAN REMEDIAL ACTION.

Abstract

THE CASE SIGNIFIES THREE IMPORTANT DEVELOPMENTS IN CORRECTIONS LAW. THE FIRST IS A STRENGTHENING OF THE STATUTORY RIGHT TO REHABILITATION. IN THIS REGARD, THE CASE RECOGNIZES THAT OVERCROWDING OF PENAL FACILITIES, ALONE, CAN SERIOUSLY HAMPER THE REHABILITATIVE GOALS OF A PENAL STATUTE. SECOND, THE COURT, ALTHOUGH SOMEWHAT VAGUELY, APPEARS TO BASE ITS OPINION, IN PART, UPON A CONSTITUTIONAL RIGHT TO REHABILITATION FOR YOUTHFUL OFFENDERS. THIRD, THE OPINION DEMONSTRATES THE EFFECTIVENESS OF THE REMEDY OF ORDERING ADMINISTRATIVE OFFICIALS TO PREPARE A PLAN FOR IMPROVEMENT OF PENAL FACILITIES. THIS REMEDY HAS BEEN OF INTEREST BECAUSE ITS EFFECTIVENESS DEPENDS ON THE LEGISLATURES' WILLINGNESS TO APPROPRIATE MONEY FOR IMPLEMENTATION, WHICH SEEMS TO BE INCREASING. ALSO DISCUSSED ARE THE EVOLUTION OF THE RIGHT TO REHABILITATION FROM THE RIGHT TO TREATMENT CONCEPT AND THEIR CONSTITUTIONAL BASIS. (AUTHOR ABSTRACT MODIFIED)