MASTERING INTERVENTION IN PRISONS

• NCJ Number: 57176
• Journal: Yale Law Journal Volume: 88 Issue: 5 Dated: (APRIL 1979) Pages: 1062-1091
• Author(s): S P STURM
• Date Published: 1979
• Length: 30 pages
• Sponsoring Agency: Guggenheim Criminal Justice Foundation
• Corporate Author: Yale Law Journal
• Sale Source: Fred B Rothman & Co; Institute for Scientific Information
• Language: English
• Country: United States of America

Annotation

THIS LAW JOURNAL NOTE INDICATES THAT COURT-APPOINTED SPECIAL MASTERS MAY INCREASE THE EFFECTIVENESS OF COURTS' MONITORING OF PRISON CONDITIONS, BUT THAT SOME JUDICIAL SUPERVISION IS STILL REQUIRED.

Abstract

THE OVERCROWDED, VIOLENT CONDITIONS OF MANY PRISONS HAVE BEEN HELD BY SEVERAL FEDERAL COURTS TO VIOLATE PRISONERS' 8TH AMENDMENT RIGHT TO BE FREE FROM CRUEL AND UNUSUAL PUNISHMENT. BECAUSE OF THE LIMITED CAPACITY OF COURTS TO MONITOR COMPLIANCE WITH COURT ORDERS, SPECIAL MASTERS ARE FREQUENTLY APPOINTED BY THE JUDICIARY TO INTERVENE IN PRISON ADMINISTRATION TO REDUCE THE LEVEL OF BRUTALITY AND ARBITRARINESS. SPECIAL MASTERS PROVIDE INMATES WITH ACCESS TO GOODS AND PRIVILEGES ON AN IMPARTIAL BASIS AND SERVE AS A CHANNEL FOR INMATE DISSATISFACTION THAT MIGHT OTHERWISE RESULT IN VIOLENCE. ALTHOUGH PRISON ADMINISTRATORS MAY BE LIMITED IN THEIR ABILITY TO RESTRUCTURE PATTERNS OF DECISIONMAKING, THE MASTER'S INTERVENTION CAN DEMONSTRATE ALTERNATIVE MEANS OF CONTROL WITHIN THE PARAMETERS OF THE COURT DECREE. AS A FACT FINDER, UNDER RULE 53 OF THE FEDERAL RULES OF CIVIL PROCEDURE, THE MASTER ALSO PROVIDES THE COURT WITH SPECIFIC INFORMATION RELEVANT TO IMPLEMENTATION OF THE DECREE. HEARINGS AND INVESTIGATIONS MAY BE CONDUCTED BY THE MASTER IN HIS ADJUDICATIVE AND REGULATORY FUNCTION. MASTERS APPOINTED AFTER PRISON CONDITIONS ARE DECLARED UNCONSTITUTIONAL ARE USUALLY DIRECTED TO FORMULATE RELIEF. TO FULFILL THEIR MANDATE THEY MAY BE GIVEN AUTHORITY TO SEEK PRIVATE OR PUBLIC FUNDING AND INITIATE NEW PROGRAMS. ALTHOUGH THE MASTER SERVES AS A CATALYST FOR CHANGE, THE REMEDIES ARE DEPENDENT UPON INTERACTION BETWEEN INMATES, OFFICIALS, AND THE COURTS. THE PERFORMANCE OF THE MASTER'S ASSIGNMENT MAY CREATE PROBLEMS BETWEEN THE INTERESTED PARTIES, AND MAY REQUIRE THE THREAT OF THE COURT'S CONTEMPT POWER TO BE EFFECTIVE. SUGGESTED REFORMS INCLUDE THE DIVISION OF THE MASTER'S DUTIES AMONG PERSONS WITH SPECIAL EXPERTISE IN INVESTIGATION AND MEDIATION. CONGRESS SHOULD ENCOURAGE THE COURTS TO CLARIFY THE DUTIES OF THE MASTERS TO SUPERVISE ACTIONS OF THE PERSONNEL AND TO MAINTAIN THEIR ACCOUNTABILITY. FOOTNOTES ARE PROVIDED. (TWK)