NCJ Number
57442
Journal
PRISON LAW MONITOR Volume: 1 Issue: 6 Dated: (NOVEMBER-DECEMBER 1978) Pages: 125,144-147
Date Published
1978
Length
5 pages
Annotation
THE STANDARD OF EVIDENCE REQUIRED IN PRISON DISCIPLINARY HEARINGS IS EXAMINED AND RECOMMENDATIONS ARE MADE TO AID PRISONERS IN CHALLENGING THE DISCIPLINARY PROCESS.
Abstract
THE UNITED STATES SUPREME COURT HELD IN WOLFF V. MCDONNELL, THAT DUE PROCESS IN PRISON DISCIPLINARY PROCEEDINGS REQUIRES A 'WRITTEN STATEMENT OF FACTFINDERS AS TO THE EVIDENCE RELIED UPON AND THE REASONS FOR THE DISCIPLINARY ACTION TAKEN.' HOWEVER, THE REQUIRED NATURE AND CONTENTS OF A STATEMENT OF PRISON OFFICIALS IN SUPPORT OF DISCIPLINARY ACTION HAVE NOT BEEN CLEARLY DEFINED. THE ABSENCE OF JUDICIAL RESTRICTIONS HAD PERMITTED PRISON OFFICIALS TO ADHERE TO THE FORM BUT NOT THE SUBSTANCE OF DUE PROCESS. THE STANDARD USED BY PRISON OFFICIALS, THE STATEMENT OF REASON, SHOULD CONTAIN SPECIFIC EVIDENCE THAT WOULD SUPPORT THE CONCLUSION THAT THE PRISONER HAS COMMITTED A DISCIPLINARY OFFENSE, REASONS WHY THE BOARD HAS MADE SUCH A DETERMINATION BASED ON SPECIFIC EVIDENCE, AND THE REASONS WHY THE DISCIPLINARY BOARD HAS CHOSEN TO IMPOSE A PARTICULAR SANCTION. CURRENTLY, VAGUE, GENERAL CONCLUSIONS ABOUT A PRISONER'S GUILT ARE ALLOWED AS EVIDENCE. RECOMMENDATIONS ARE MADE FOR PRISONERS AND THEIR REPRESENTATIVES CHALLENGE THIS ASPECT OF THE DISCIPLINARY PROCESS. THIS INFORMATION AND SUBSEQUENT RESEARCH IN THE AREA WILL AID PRISONERS IN FORCING PRISON OFFICIALS TO BASE THEIR DECISIONS ON SUFFICIENT EVIDENCE AND PROVIDE THE PRISONERS WITH AN ADEQUATE STATEMENT OF REASONS. UNTIL THIS PROCEDURE BECOMES THE GENERAL PRACTICE, THE LAW WILL PROVIDE THE PRISONER LITTLE PROTECTION WHEN CONFRONTED WITH UNJUSTIFIED OR UNSUBSTANTIATED DISCIPLINARY CHARGES. FOOTNOTES ARE INCLUDED. (STB)