PRISONERS HAVE NO RIGHT TO PROCEDURAL DUE PROCESS IN INTERINSTITUTION TRANSFERS

• NCJ Number: 42675
• Journal: Nebraska Law Review Volume: 56 Issue: 3 Dated: (1977) Pages: 753-764
• Author(s): T SINDELAR
• Date Published: 1977
• Length: 12 pages
• Corporate Author: University of Nebraska
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS NOTE CONCERNS A TREND TOWARD LIMITING THE CONSTITUTIONALLY PROTECTED RIGHTS OF INCARCERATED INDIVIDUALS FACING INTERINSTITUTION TRANSFERS, AS MANIFESTED IN THE MEACHUM V. FANO CASE.

Abstract

THE CASE LIMITED THE 'LIBERTY INTEREST' OF PRISONERS BY DECIDING THAT PRISONERS FACED WITH THE PUNISHMENT OF A MAJOR CHANGE IN CONFINEMENT CONDITIONS HAVE NO INTEREST PROTECTED BY THE DUE PROCESS CLAUSE OF THE FOURTEENTH AMENDMENT. THIS SUPREME COURT DECISION MAY INDICATE A RETURN TO A TRADITIONAL 'HANDS OFF', NO GOVERNMENT INTERFERENCE APPROACH REGARDING CONFLICTS BETWEEN PRISONERS AND PRISON AUTHORITIES. (AUTHOR ABSTRACT MODIFIED)...KAP