NCJ Number
224183
Journal
Criminal Justice Studies: A Critical Journal of Crime, Law and Society Volume: 21 Issue: 2 Dated: June 2008 Pages: 179-191
Date Published
June 2008
Length
13 pages
Annotation
This paper evaluates the impact of the U.S. Supreme Court’s decisionmaking on corrections law and policy during the Rehnquist Court era (1986-2005).
Abstract
Although the Rehnquist Court produced a mix of liberal and conservative outcomes in corrections cases, consistent with its reputation for conservative dominance, two-thirds of the court’s decisions rejected individuals’ claims and favored the government’s arguments and interests. In light of the fact that the newest appointees to the U.S. Supreme Court have well-established records of tending toward conservative outcomes in criminal justice-related cases, there is little reason to believe that the U.S. Supreme Court will act to expand prisoners’ rights at any time in the future. The description of the Rehnquist Court’s decisionmaking may appear similar to any analysis concerning the patterns of decisions of these justices on other issues. However, one aspect of the Rehnquist Court’s decisionmaking pattern in corrections law is particularly striking: when the Court was most divided, the justices voted consistently according to their position on a liberalism-conservatism scale. The Rehnquist Court era (1986-2005) coincided with developments that increased the impact and importance of corrections law, including dramatically expanding prison populations. Tables and references