Constitutional Rights of Prisoners, Ninth Edition, discusses the rules and regulations covering various aspects of prison administration. It updates the case reviews from April 30, 2009, for lower court decisions, and June 30, 2009, for United States Supreme Court decisions. New material includes a section on the Americans with Disabilities Act and material on the administrative law process that is applicable to correctional systems. The book is organized into two parts. Part I begins with an overview of the American judicial system and administrative law. This is followed by discussions of the laws that relate to the use of force against prisoners; prisoners’ rights; isolated confinement; religious freedom; legal services; prisoner disciplinary proceedings; and parole and probation. The book also covers judicial remedies that seek to vindicate past violations and to prevent future deprivations of prisoners’ rights; the Prison Litigation Reform Act; and other federal statutes affecting the status of prisoners. Part II provides judicial decisions relating to Part I.

Table of Contents

Chapter 1 An Overview of the Judicial System 1.1 Introduction 1.1.1 —The Constitutional Framework 1.1.2 —Separation of Powers 1.1.3 —Limits on Executive Power 1.2 The American Common Law 1.2.1 —Equity as Part of the Common Law 1.2.2 —Role of Case Law 1.3 The American Court Structure 1.3.1 —The Trial 1.3.2 —The Burden of Proof 1.3.3 The Appeal 1.4 Anatomy of a Case 1.4.1 —Citations 1.5 Conclusion Chapter 2 Administrative Law 2.1 Administrative Discretion in the Prison Context 2.1.1 —Control of Discretionary Power 2.2 General Principles 2.2.1 —Legal Effect Chapter 3 Use of Force; Use of Corporal Punishment to Enforce Prison Discipline 3.1 Introduction 3.2 Degree of Force Permitted 3.3 Self-Defense 3.4 Defense of Third Persons 3.5 Enforcement of Prison Rules and Regulations 3.6 Prevention of Crime 3.7 Prevention of Escape 3.8 The Use of Corporal Punishment to Enforce Prison Discipline 3.8.1 —Brief History of Corporal Punishment 3.8.2 —Is Corporal Punishment Rational? 3.8.3 —Judicial Treatment of Corporal Punishment 3.8.4 —Alternatives to Corporal Punishment 3.9 Conclusion Chapter 4 Prisoners’ Rights to Visitation/Association; Searches 4.1 Introduction 4.2 Pretrial Detainees 4.3 Communication among Prisoners and Union Formation 4.4 Conjugal Visitation 4.5 News Media Interviews 4.6 Attorney Representatives 4.7 Searches of Visitors 4.8 Searches of Prisoners 4.9 Juveniles 4.10 Conclusion Chapter 5 Prisoners’ Rights to Use of the Mail, Internet and Telephone 5.1 Introduction 5.2 The General Right to Control a Prisoner’s Use of the Mail System—The Traditional Approach 5.2.1 —The New Approach 5.3 Commun


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