NCJ Number
154421
Date Published
1994
Length
67 pages
Annotation
In reviewing the history of correctional law, this paper discusses constitutional legal mandates and the continuing challenge of deciding what constitutional protection of inmates' rights means for the design and operation of America's jails.
Abstract
A review of the history of court involvement in jail operations and design focuses on three eras: the "hands off era" (pre 1965-70); the "hands on era" (1970-80); and the "one hand on, one hand off era" (1980 to the present). A listing of correctional issues in which courts have been involved shows that there are few areas of jail operation that have not been the subject of at least one lawsuit over the years. A section on corrections and the Constitution in the 1990's considers the implications of the Americans With Disabilities Act of 1990 for jail design and operations. Broader issues of the implications of constitutional mandates for the jail physical plant are also considered, including issues of overcrowding, safety, inmate exercise, medical services, climate control, sanitation, inmate- staff relations, and food service. Another section of the paper addresses lawsuits based on Section 1983 of Title 42 of the U.S. Code, which provides that government officials may be sued when they act in an official capacity to deprive citizens of their constitutional rights. Other issues discussed are the court's relief powers, the scope of damage awards, attorneys' fees, and the four constitutional amendments most involved in inmate lawsuits: the first amendment, the fourth amendment, the eighth amendment, and the 14th amendment. A glossary, summaries of selected court cases, and an annotated listing of 10 resources in correctional law