EMERGENCE OF CORRECTIONAL EMPLOYEE RIGHTS AND ITS IMPACT ON THE EVOLUTION OF CORRECTIONAL LAW (FROM CONFERENCE ON CORRECTIONS, 1978, BY VERNON FOX - SEE NCJ-59701)

• NCJ Number: 59704
• Author(s): W G ARCHAMBEAULT
• Date Published: 1978
• Length: 19 pages
• Corporate Author: Ctr for Professional Development and Public Service; Florida State University
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

EVOLVING CORRECTIONAL LAW, ITS IMPLICATIONS FOR CORRECTIONAL POLICY AND ADMINISTRATION, AND ITS EFFECT ON RIGHTS OF OFFENDERS AND CORRECTIONAL PERSONNEL ARE ANALYZED.

Abstract

THE INVOLVEMENT OF COURTS IN CORRECTIONAL POLICY AND ADMINISTRATION WAS EXTENSIVE IN THE 1960'S. CORRECTIONAL LAW, A CONCEPT DEFINED DURING THIS PERIOD, REFERS TO THAT AREA OF CONSTITUTIONAL AND STATUTORY LAW AND LEGAL OPINIONS WHICH ADDRESS THREE BASIC OFFENDER-RELATED ISSUES: (1) EXTENT OF OFFENDER RIGHTS AND PROTECTIONS RETAINED FOR BOTH ADULTS AND JUVENILES WHO ARE CONVICTED, ADJUDICATED, OR UNDER SOME OTHER LEGAL STATUS OR FORM OF CORRECTIONAL CONTROL; (2) EXTENT OF LAWFUL POWER AND AUTHORITY OF CORRECTIONAL INSTITUTIONS AND AGENCIES AND THEIR PERSONNEL OVER OFFENDERS IN CUSTODY; AND (3) EXTENT OF CIVIL AND/OR CRIMINAL LIABILITY AND RESPONSIBILITY OF CORRECTIONAL PERSONNEL FOR PROTECTING OFFENDER RIGHTS. ANOTHER ISSUE HAS EMERGED IN THE 1970'S THAT AFFECTS CORRECTIONAL ADMINISTRATION, RIGHTS AND PROTECTIONS OF CORRECTIONAL PERSONNEL IN DEALING WITH OFFENDERS AND WITH ADMINISTRATION. THE EXTENT OF LAWFUL POWER AND AUTHORITY EXERCISED OVER OFFENDERS AND THE DEGREE OF LEGAL LIABILITY FOR PROTECTING OFFENDER RIGHTS VARY IN RELATION TO CHANGES IN THE PROLIFERATION OF OFFENDER RIGHTS. WITH THE 'INVOLVED HANDS' DOCTRINE AND THE 'RESTRAINED HANDS' DOCTRINE OF THE 1960'S AND 1970'S, CORRECTIONAL OFFICIALS HAVE FOUND THAT THEIR DISCRETIONARY POWER IS SHARPLY RESTRICTED. ROUTINE OPERATIONAL DECISIONS, SUCH AS THE RECLASSIFICATION OF OFFENDERS, THE TRANSFER OF INMATES TO ANOTHER SECTION OF THE SAME PRISON, AND PRIVILEGES ONCE GRANTED, ARE SUBJECT TO ADMINISTRATIVE DUE PROCESS HEARINGS AND JUDICIAL REVIEW. FAILURE TO PROTECT OFFENDER RIGHTS PLACES CORRECTIONAL OFFICIALS IN THE POSITION OF EXPERIENCING EITHER CIVIL LAW SUITS OR CRIMINAL PROSECUTION, OR BOTH. CORRESPONDINGLY, LEGAL RESPONSIBILITY AND LIABILITY OF CORRECTIONAL PERSONNEL HAVE BEEN REDUCED. THIS REDUCTION IS REFLECTED IN THE EMERGENCE OF CORRECTIONAL EMPLOYEE RIGHTS WHICH ARE SIGNIFICANT IN TERMS OF CORRECTIONAL POLICY AND ADMINISTRATION, UNIONISM, AND COLLECTIVE BARGAINING. THERE APPEARS TO BE A PARALLEL BETWEEN THE OFFENDER RIGHTS MOVEMENT IN THE 1960'S AND THE CORRECTIONAL EMPLOYEE RIGHTS MOVEMENT IN THE 1970'S. STAGES IN THE EVOLUTION OF CRIMINAL LAW ARE TRACED, AND CASE LAW RELEVANT TO OFFENDER RIGHTS IS REVIEWED. FOOTNOTES ARE INCLUDED.