NCJ Number
118374
Date Published
1988
Length
407 pages
Annotation
This summary of the emerging law of corrections and inmates' rights covers the entire correctional process from pretrial diversion to the restoration of offenders' rights upon release from institutions.
Abstract
After an overview of the correctional process and the role of law in corrections, a chapter covers the sentencing process, including sentencing objectives, the division of responsibility for sentencing decisions, disparity and individualized justice in the sentencing process, the impact of plea bargaining on sentencing, procedural protections in the sentencing process, and accountability and review of the sentencing process. Legislation pertaining to the loss of civil rights as pretrial detainees and convicted offenders is summarized, followed by a review of legislation pertaining to the authority and responsibility of correctional agencies in incarceration. A review of legislation pertaining to prisoners' rights and responsibilities addresses both substantive and procedural rights. A discussion of inmates' remedies focuses on access to the courts, requisites for successful judicial actions by inmates regarding prison conditions or treatment, the potential range of judicial remedies available to inmates, and inherent deficiencies in existing judicial remedies and needs for the future. Other topics considered are pretrial diversion, probation and parole, community-based programs as part of the incarceration period, and restoration of offenders' rights after release. Subject index, table of cases.