PUTTING JAIL STANDARDS TO THE JUDICIAL TEST - SMITH V HONGISTO

• NCJ Number: 15958
• Author(s): ANON
• Date Published: 1973
• Length: 4 pages
• Corporate Author: American Bar Assoc.
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

DISCUSSION OF THIS DISTRICT COURT DECISION THAT FOUND THE SAN FRANCISCO JAIL SYSTEM TO BE OPERATING IN VIOLATION OF THE EIGHTH AND FOURTEENTH AMENDMENTS.

Abstract

THE COURT DETERMINED THAT CONSTITUTIONAL VIOLATIONS EXISTED IN FAILING TO PROVIDE AN ADEQUATE PROGRAM OF MEDICAL CARE, IN FAILING TO CONFORM TO MINIMUM STATE JAIL STANDARDS, IN THE METHODS OF IMPOSING DISCIPLINE, AND IN THE MANNER OF HOLDING DETAINEES. A REPRINT OF THAT PORTION OF THE COURT'S DECISION DEALING WITH VIOLATION OF CALIFORNIA'S MINIMUM JAIL STANDARDS IN THE AREAS OF FOOD, CLOTHING AND BEDDING IS INCLUDED IN THIS REPORT. THIS DECISION FEATURED A VERBATIM CITATION OF APPLICABLE STANDARDS, A DESCRIPTION OF EVIDENCE OF COMPLIANCE OR NON-COMPLIANCE, AND THE USE OF THE MINIMUM STANDARDS AS A TEST OF CONSTITUTIONAL COMPLIANCE WITH THE DUE PROCESS REQUIREMENTS OF THE FOURTEENTH AMENDMENTS. OTHER STATE COURT DECISIONS RELATING TO THIS ISSUE ARE ALSO CITED.