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BURGER COURT AND THE PENAL SYSTEM

NCJ Number
6382
Journal
Criminal Law Bulletin Volume: 8 Issue: 1 Dated: (JANUARY/FEBRUARY 1972) Pages: 31-42
Author(s)
S RUBIN
Date Published
1972
Length
12 pages
Annotation
SUPREME COURT DECISIONS RENDERED BY THE WARREN AND BURGER COURTS WHICH AFFECT PRISONERS' RIGHTS ARE ANALYZED.
Abstract
CORRECTIONAL LAW INSOFAR AS IT AFFECTS THE RIGHTS OF PRISONERS AFTER CONVICTION IS SEEN AS BADLY NEEDING REVIEW BY THE COURTS. YET THE SUPREME COURT HAS TAKEN FEW CASES FROM THE SENTENCING AND CORRECTIONAL FIELD IN ALL OF ITS HISTORY INCLUDING THE WARREN COURT ERA. THIS ARTICLE TAKES THE POSITION THAT LITTLE CAN BE EXPECTED FROM THE BURGER COURT IN EITHER THE AREA OF SENTENCING AND PAROLE REFORM OR IN THE AREA OF CORRECTIONAL LAW REFORM DEALING WITH THE LEGAL AND HUMAN RIGHTS OF PRISONERS WHILE IN CONFINEMENT. THE ARTICLE SUGGESTS THAT IN VIEW OF THE PRESENT COURT'S ATTITUDE TOWARD PRISONERS' RIGHTS, IT WOULD BE BEST NOT TO PRESS THE SUPREME COURT TO REVIEW CASES IN CORRECTIONAL LAW AND THEREBY RUN THE RISK TO ADVERSE RULINGS.