AFTER DECISION - IMPLEMENTATION OF JUDICIAL DECREES IN CORRECTIONAL SETTINGS

• NCJ Number: 40775
• Author(s): M K HARRIS; D P SPILLER
• Date Published: 1976
• Length: 42 pages
• Grant Number(s): 74-NI-99-0040
• Sponsoring Agency: US Dept of Justice; US Dept of Justice NIJ Pub
• Corporate Author: American Bar Assoc.
• Publication Format: Document
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

AT THE HEART OF THE DEBATE ABOUT CORRECTIONS LITIGATION ARE DIFFERING OPINIONS CONCERNING ITS EFFECTIVENESS AS A VEHICLE FOR SOCIAL CHANGE. EVALUATION OF THE PROPRIETY AND VALUE OF SUCH LITIGATION DEPENDS UPON PERSPECTIVE.

Abstract

JUDGES, LAWYERS, INMATES, CORRECTIONAL ADMINISTRATORS, LEGISLATORS, AND THE GENERAL PUBLIC HAVE ALL VIEWED THE PROCESS DIFFERENTLY. UNTIL NOW, THE DESCRIPTIVE INFORMATION ABOUT SUCH CASES WAS GENERALLY LACKING, HAMPERING THE EFFORTS OF POLICY MAKERS TO FORM SOUND EVALUATIVE JUDGMENTS. THIS REPORT IS INTENDED TO CONTRIBUTE NEW INFORMATION TO THE ONGOING DIALOGUE. THE REPORT BUILDS UPON THE FINDINGS OF SEPARATELY PUBLISHED STUDIES OF FOUR RECENT, SIGNIFICANT CORRECTIONAL LAW CASES (SEE NCJ# 40776-40779). EACH STUDY DEALS WITH THE IMPLEMENTATION OF THE JUDICIAL DECREES ENTERED WITH RESPECT TO PARTICULAR FACILITIES. THE COMMON OBJECTIVE OF THE STUDIES WAS TO EXPLAIN HOW THE JUDICIAL WILL WAS ACCOMMODATED IN EACH INSTANCE. CONSEQUENTLY, THEY PROVIDE EXTENSIVE EXPERIMENTAL DATA ABOUT: 1) THE EXTENT TO WHICH COMPLIANCE WITH THE DECREES WAS ACHIEVED; 2) THE FACTORS WHICH INFLUENCED COMPLIANCE AND NON-COMPLIANCE; AND 3) THE IMPACT THAT THE DECREES HAD ON THE CORRECTIONAL INSTITUTIONS AND THE PEOPLE CONNECTED WITH THEM. THE REPORT HAS TWO BROAD CHAPTERS. THE FIRST DESCRIBES THE PROCESS OF DECREE IMPLEMENTATION AS OBSERVED IN THE CASES STUDIED. THE CHAPTER IDENTIFIES THE FACTORS THAT PROMOTED COMPLIANCE AND THOSE THAT IMPEDED IT. THE NUMBER AND INTERACTIVE CHARACTER OF THE FACTORS PREVENTED THE PRECISE ASSIGNMENT OF WEIGHT TO THEM. THE SECOND CHAPTER IS ADDRESSED TO DESCRIBING THE OBSERVED IMPACT OF THESE CASES ON THE INSTITUTIONS AND THE PRINCIPAL GROUPS OF PERSONS CONNECTED WITH THEM. SEVERAL DIFFERENT TYPES OF IMPACT OCCURRED. THERE WERE CHANGES OF A MATERIAL NATURE IN THE PATTERNS AND QUALITY OF DAILY LIVING AND WORKING WITHIN THE AFFECTED PENAL FACILITIES. LESS TANGIBLY, THERE WERE EFFECTS ON PERCEPTIONS AND ATTITUDES OF THE BROADER PUBLIC AND GOVERNMENT OFFICIALS. (AUTHOR ABSTRACT)...MSP