NCJ Number
47463
Journal
Baylor Law Review Volume: 29 Issue: 3 Dated: (SUMMER 1977) Pages: 620-628
Date Published
1977
Length
9 pages
Annotation
THE STATUS OF INMATE RIGHTS IN DISCIPLINARY PROCEEDINGS (RIGHT TO A HEARING, TO COUNSEL, TO SILENCE, TO CALL WITNESSES, AND TO CONFRONT AND CROSS-EXAMINE WITNESSES) IS EXAMINED.
Abstract
THE DISCUSSION DRAWS ON A NUMBER OF U.S. SUPREME COURT FINDINGS PERTAINING TO THE DUE PROCESS RIGHTS OF INMATES WHO ARE THE SUBJECT OF DISCIPLINARY PROCEEDINGS. IT IS POINTED OUT THAT CERTAIN SITUATIONS THAT ARISE IN THE PRISON SETTING DESERVE CONSIDERATION IN DETERMINING WHAT RIGHTS INMATES SHOULD HAVE. THE SEVERITY OF THE PENALTY FACED BY AN INMATE MAY AFFECT THE NATURE OF THE INMATE'S RIGHTS IN THE PROCEEDING. THERE ARE THE QUESTIONS OF WHETHER INMATES IN MINIMUM SECURITY PRISONS DESERVE MORE RIGHTS THAN INMATES IN MAXIMUM SECURITY PRISONS, AND WHETHER INMATES SHOULD BE ALLOWED HEARINGS PRIOR TO BEING TRANSFERED FROM ONE PRISON TO ANOTHER. THE FOLLOWING RECOMMENDATIONS ARE OFFERED: THE 27-HOUR REQUIREMENT FOR ADVANCE NOTICE OF CHARGES AGAINST INMATES SHOULD BE EXTENDED TO 3-5 DAYS; INMATES SHOULD BE GUARANTEED THE RIGHT TO ADEQUATE COUNSEL-SUBSTITUTE DURING DISCIPLINARY PROCEEDINGS; WHEN CRIMINAL CHARGES ARE POSSIBLE, INMATES SHOULD HAVE ACCESS TO COUNSEL; INMATES USE OF THE RIGHT TO SILENCE SHOULD NOT BE HELD AGAINST THEM; THE PRISON SHOULD BE REQUIRED TO RECORD ITS REASONS WHEN IT REFUSES TO CALL WITNESSES REQUESTED BY AN INMATE; INMATES SHOULD HAVE THE LIMITED RIGHT OF CONFRONTATION AND CROSS-EXAMINATION; AND THE DISCIPLINARY COMMITTEE'S DECISION SHOULD BE BASED ONLY ON EVIDENCE PRESENTED AT THE HEARING. (AUTHOR ABSTRACT MODIFIED--LKM)