COURTS AND THE CORRECTIONAL PROCESS (FROM AMERICAN CORRECTIONAL ASSOCIATION - PROCEEDINGS OF THE 106TH ANNUAL CONGRESS OF CORRECTIONS, 1976 - SEE NCJ-49145)

• NCJ Number: 49157
• Author(s): A J ZIRPOLI
• Date Published: 1976
• Length: 6 pages
• Corporate Author: American Correctional Association
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

A U.S. DISTRICT JUDGE DISCUSSES THE CORRECTIONS-RELATED CONCERNS OF DISTRICT JUDGES RELATIVE TO SENTENCING AND TO THE HANDLING OF PRISONER PETITIONS.

Abstract

BEFORE SENTENCING AN OFFENDER, THE TRIAL COURT JUDGE SHOULD HAVE THE OBJECTIVE TO BE SERVED -- REHABILITATION, RETRIBUTION, DETERRENCE, ETC. -- CLEARLY IN MIND. IN ORDER NOT TO GENERATE INAPPROPRIATE EXPECTATIONS ON THE PART OF THE OFFENDER, THE JUDGE SHOULD EVALUATE THE TYPE OF FACILITY TO WHICH THE OFFENDER IS LIKELY TO BE COMMITTED, THE NATURE OF THE FACILITY'S POPULATION, PERSONNEL, PROGRAMS, AND PRACTICES, AND THE FACILITY'S PAROLE PROCEDURES. THE JUDGE SHOULD HAVE DETAILED KNOWLEDGE OF AVAILABLE PRISON SYSTEM FACILITIES, THE BUREAU OF PRISON'S INSTRUCTIONS FOR DESIGNATING INSTITUTIONS FOR THE COMMITMENT OF FEDERAL OFFENDERS, AND THE PAROLE COMMISSION'S REGULATIONS AND SALIENT FACTOR SCORING MANUAL. A SECOND AREA OF CONCERN FOR DISTRICT JUDGES IS THE NUMBER AND NATURE OF PETITIONS FILED BY PRISONERS IN THE U.S. DISTRICT COURTS. FROM 1966 TO 1975, THE NUMBER OF SUCH PETITIONS INCREASED 126.1 PERCENT. THE FAILURE TO REQUIRE, BY STATUTE OR DECISIONAL LAW, THE EXHAUSTION OF STATE ADMINISTRATIVE AND JUDICIAL REMEDIES BEFORE A PRISONER MAY FILE A CIVIL RIGHTS PETITION HAS FORCED THE FEDERAL COURTS TO INTERVENE IN THE RESOLUTION OF PROBLEMS THAT ARE BASICALLY STATE MATTERS. IN RENDERING DECISIONS ON PRISONERS' PETITIONS, DISTRICT JUDGES SHOULD FAMILIARIZE THEMSELVES WITH THE U.S. SUPREME COURT DECISIONS ON DISCIPLINARY HEARINGS, CENSORSHIP AND INSPECTION OF INMATE MAIL, INMATE ACCESS TO MEDIA REPRESENTATIVES AND MEDIA ACCESS TO INMATES, INTERVIEW POLICIES FOR AGENTS OF ATTORNEYS, PREFERENTIAL REHABILITATION TREATMENT, TRANSFERS OF PRISONERS WITHOUT HEARING, ASSISTANCE FOR INMATES FILING CIVIL RIGHTS ACTIONS, AND DISCOVERY PROCEDURES IN PRISON CASES. PRISON OFFICIALS ARE REMINDED THAT, ALTHOUGH FURTHER COURT INTERVENTION IN PRISON MATTERS IS LIKELY, THAT INTERVENTION CAN BE MINIMIZED IF PRISON OFFICIALS REMEMBER THAT INMATES ARE NOT WHOLLY DEPRIVED OF CONSTITUTIONAL PROTECTIONS. REFERENCES ARE PROVIDED. (LKM)