NCJ Number
88741
Journal
University of San Francisco Law Review Volume: 15 Issue: 3/4 Dated: (Spring/Summer 1981) Pages: 617-649
Date Published
1981
Length
34 pages
Annotation
The Supreme Court should recognize procedural due process rights to a hearing when work release for prisoners is revoked. This right is implicit in the 5th and 14th amendments.
Abstract
An inmate has an entitlement to participate and will suffer a grievous loss if prevented from exercising that right. Hence, a right to participate in the program is vested, and the State's removal of the individual cannot be achieved in the absence of a fair factual determination. In keeping with the spirit of judicial fairness to both society and the individual, a hearing is a simple means to balance competing interests and to ascertain an appropriate solution. Supreme Court tests for establishing a right to a due process hearing for inmates are enumerated. Footnotes are supplied. (Author summary modified)