NCJ Number
31588
Journal
CANADIAN JOURNAL OF CRIMINOLOGY AND CORRECTIONS Volume: 15 Issue: 4 Dated: (OCTOBER 1973) Pages: 412-434
Date Published
1973
Length
15 pages
Annotation
DISCUSSION OF PRISONERS' RIGHTS IN RELATION TO NOTIFICATION OF CHARGES AND THE CONDUCT OF INMATE DISCIPLINARY PROCEEDINGS.
Abstract
IN THIS ARTICLE, THE AUTHORS PROPOSE SIX CONDITIONS WHICH, IF IMPLEMENTED, WOULD GUARANTEE JUST DISCIPLINARY HEARINGS FOR PRISON INMATES. THEY INCLUDE CLEARLY DEFINING (BY LAW) ALL INMATE INFRACTIONS AND THEIR CORRESPONDING DISCIPLINARY MEASURES, NOTIFYING INMATES OF ALL RULES AND REGULATIONS RELATING TO THEIR RIGHTS, PRIVILEGES, AND RESPONSIBILITIES, AND GUARANTEEING INMATE DUE PROCESS RIGHTS. OTHER CONDITIONS INCLUDE A QUALIFIED, IMPARTIAL DISCIPLINARY BOARD, INMATE RIGHT TO APPEAL BOARD DECISIONS, AND QUALIFIED, OUTSIDE PRISON INSPECTORS. THESE PROPOSALS ARE COMPARED TO THE LAWS AND REGULATIONS GOVERNING CANADIAN PENITENTIARIES AND DETENTION FACILITIES IN QUEBEC. THE AUTHORS CONCLUDE THAT, ALTHOUGH PRISON ADMINISTRATORS HAVE LONG BEEN FAMILIAR WITH THESE PRINCIPLES, THEY HAVE LARGELY CHOSEN TO IGNORE THEM. FIVE PROCEDURAL GUARANTEES FOR INMATE DISCIPLINARY PROCEEDINGS ARE RECOMMENDED. INCLUDED ARE THE RIGHT TO RECEIVE WRITTEN NOTICE OF THE NATURE AND DATE OF DISCIPLINARY HEARINGS, THE RIGHT TO BE PRESENT AT THE HEARING, AND THE RIGHT TO BE ASSISTED BY A MEMBER OF THE STAFF OR ANOTHER INMATE IN PREPARING A DEFENSE. ALSO PROSPOSED IS THE RIGHT TO CALL WITNESSES, PRESENT EVIDENCE, AND CROSS-EXAMINE WITNESSES ON THEIR TESTIMONY, AND THE RIGHT TO HAVE A RECORD MADE OF THE PROCEEDINGS AND TO RECEIVE WRITTEN NOTIFICATION OF DISCIPLINARY DECISIONS, AND THE REASONS BEHIND SAME. --IN FRENCH, SUMMARY IN ENGLISH