NCJ Number
34290
Journal
Capital University Law Review Volume: 5 Issue: 1 Dated: (1976) Pages: 139-148
Date Published
1976
Length
10 pages
Annotation
A REVIEW OF THE APPROACHES EMPLOYED IN ATTEMPTS TO ESTABLISH THE RIGHT OF PRISONERS TO REHABILITATIVE TREATMENT, WITH AN APPROACH SUGGESTED FOR USE IN OHIO.
Abstract
THE REPEATED FAILURE OF THE COURTS TO RECOGNIZE THE ADULT CRIMINAL OFFENDER'S RIGHT TO REHABILITATIVE TREATMENT UNDER THE EIGHTH AMENDMENT'S 'CRUEL AND UNUSUAL PUNISHMENT' PROSCRIPTION OR THE FOURTEENTH AMENDMENTS 'DUE PROCESS' AND 'EQUAL PROTECTION' GUARANTEES IS DISCUSSED. OHIO STATUTES ARE CITED WHICH INCLUDE REHABILITATIVE TREATMENT AMONG THE PURPOSES OF THE OHIO DEPARTMENT OF REHABILITATION AND CORRECTIONS. THE AUTHOR BELIEVES THAT SUCH STATUTORY PROVISIONS ARE THE MOST LIKELY BASIS FOR ASSERTING A RIGHT TO TREATMENT, ALTHOUGH THE QUESTION REMAINS AS TO WHAT THE COURTS WILL ACCEPT TO CONSTITUTE TREATMENT.