Common Assignment: Written Analysis Of The Impact ✓ Solved

Common Assignment: Written assignment analyzing the impact of

Prepare a written analysis on the impact of the US Supreme Court decisions on the management of prisons (8-10 pages). You are asked to explain the prison management structure and disciplinary process as applied in most prison cases and as directed by the US Supreme Court decision in Sandin v. Conner (1995) and other US Supreme Court cases. Consider such sanctions as loss of job, segregation for a specific amount of time, and loss of commissary privileges.

Read through Wolff v. McDonnell (1976) and Sandin v. Conner (1995). Apply the decisions of these Supreme Court cases to the following punishments: Job loss, Scheduled segregation, Loss of commissary privileges. For each of these punishments, provide the following based on the decisions of the above to 2 cases: When is this an appropriate sentence? When is this protected by the U.S. Constitution? What are 2 examples that you can take from the Supreme Court decisions that support your arguments? Be sure to reference all sources using APA style. Compile your responses into a Word document of 8–10 pages, and submit the file to your instructor.

You receive a complaint from an inmate who claims that his case manager would not give him stamps and envelopes to mail a complaint against five correctional officers who took his playing cards and domino chips during recreation. The inmate also complained that the notary only comes to the prison 2 days a week and that this interfered with his due process rights of access to the courts. You look into the complaint and find out that the inmate had money to purchase the envelopes and stamps but that he spent them on soft drinks and chips in the prison commissary. The staff is upset because the inmate just mailed out several Christmas cards and letters. The inmate now has no funds to purchase the requested items. As the reviewing official, you decide to review the allegations.

Explain the rights that inmates have under the Fifth Amendment to access to the courts and what this entails. Address such issues as whether inmates have an absolute right to legal items whenever they request them. Do inmates have a right to a notary 7 days a week?

In 3–5 paragraphs, address the following: What rights do inmates have under the Fifth Amendment to court access? Explain. If the above situation were taken to court, what do you think would be the ruling? Why? When does a request for legal supplies become unreasonable? Explain. Post a new topic to the Discussion Board that contains your responses pertaining to the above information. Comment on at least 2 other students' posts, and explain whether or not you agree with their case analysis and their explanation of what constitutes an unreasonable request for legal supplies.

Retribution is the belief that offenders should be punished by inflicting the same amount of pain on the offender as was inflicted onto the victim. Rehabilitation is the belief that social, spiritual, and biological influences should be addressed for each offender to make him or her a productive member of society. In this assignment, it is your responsibility to prepare an analysis of 5–7 pages on the arguments for treatment or punishment of offenders in dealing with the social problem of crime.

Address the following in your analysis of 5–7 pages on the different rationales for various treatments and punishments: What are 3 specific differences between the arguments for rehabilitation and retribution? Explain. What are 3 specific similarities between the arguments for rehabilitation and retribution? Explain. Examine 2 of the social arguments used to support both positions. What are 3 specific philosophical or social issues that could be used to support your analysis? Your analysis must contain at least 4 references using APA style. Compile your findings, analysis, and references into a Word document of 5–7 pages, and submit the file to your instructor.

When sentencing an offender, a judge must evaluate a number of different variables to impose an appropriate course of punishment or treatment. Using the textbook, library, Internet, or Web resources, research the variables that should be considered at the time an offender is sentenced to ensure that justice is served. Please discuss 5 variables.

In 4–6 paragraphs, address the following: What are 5 variables evaluated by judicial authorities to sentence offenders? Which variable do you feel is the most important for correctly sentencing offenders? Explain. Which variable do you feel is the least important for correctly sentencing offenders? Explain. Are there any variables that you do not feel should be used when sentencing offenders? Why or why not? Post a new topic to the Discussion Board that contains your responses pertaining to the above information. Comment on at least 2 other students' posts, and explain to them whether or not you agree with their variable selections. Use research evidence to support your responses.

Paper For Above Instructions

The management of prisons in the United States has been profoundly influenced by the decisions of the US Supreme Court. Notable cases such as Wolff v. McDonnell (1976) and Sandin v. Conner (1995) have shaped the landscape of inmates' rights and the administrative discretion of prison management. This analysis explores how these Supreme Court decisions impact prison management structures, disciplinary processes, and inmates' rights to access the courts, particularly focusing on the implications of certain sanctions including job loss, segregation, and loss of commissary privileges.

The Structure of Prison Management and Disciplinary Processes

Prison management generally follows a hierarchical structure consisting of wardens, correctional officers, and administrative staff who enforce rules and regulations to maintain order and ensure safety. The disciplinary process typically involves a series of steps, including rule violations, hearings, and penalties. According to Wolff v. McDonnell, inmates are entitled to certain procedural protections when facing disciplinary actions, which include written notice of charges, the right to call witnesses, and the right to a written statement of the evidence relied upon.

In Sandin v. Conner, the Court articulated a standard for when a prisoner’s liberty interests are at stake, emphasizing that prison regulations could result in a protected liberty interest only if they impose an “atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life” (Sandin v. Conner, 1995). For instance, a loss of a job or segregation must be proven to create such a hardship to be recognized as a violation of constitutional rights.

Analyzing Punishments in Light of Court Decisions

1. Job Loss: The appropriate sentence for job loss occurs when an inmate violates prison rules related to work. In Wolff v. McDonnell, the Court established that prisoners have a right to due process before losing prison jobs that could lead to significant consequences (Wolff v. McDonnell, 1976). The loss is protected by the U.S. Constitution when it serves as a form of punishment rather than arbitrary action. For example, the Court upheld that a procedural safeguard must be present before any adverse action is taken.
2. Scheduled Segregation: Segregation may be appropriate for severe infractions that threaten prison security. However, such punishment is deemed unconstitutional unless it imposes atypical hardships. The Supreme Court argued in Sandin v. Conner that confinement in segregation does not automatically invoke a due process claim unless it presents atypical hardship in relation to standard prison conditions.
3. Loss of Commissary Privileges: Loss of these privileges may occur as a disciplinary measure. Inmates have the right to due process before such penalties, particularly when these privileges are integral to their daily life and quality of existence in prison. The decisions of Wolff v. McDonnell provide a precedent that loss of commissary access should be assessed under the same scrutiny as other disciplinary actions.

For each sanction, it is crucial to note that due process protections must be ensured to prevent capricious punishment that contravenes inmates' constitutional rights.

Access to the Courts and Fifth Amendment Rights

Inmates possess the right under the Fifth Amendment to access the courts, which entails not only the ability to file grievances but also to have reasonable access to legal materials and assistance. The issue raised by the inmate regarding the availability of stamps and envelopes emerges from the necessity of enabling him to communicate with the courts. The courts have previously established that inmates cannot be unduly penalized for their inability to access legal resources necessary for presenting a claim. Under such circumstances, the courts may favor a notion of reasonable accommodation for inmates to avoid obstructing their right to seek legal recourse.

If the case were to be taken to court, it would likely be ruled in favor of the inmate due to the fundamental nature of Fifth Amendment rights concerning access to the courts. Furthermore, regarding the unreasonable request for legal supplies, courts usually hold that an inmate's request should consider both the necessity and availability of said items.

Treatment versus Punishment: Comparing Rehabilitation and Retribution

The ongoing debate surrounding rehabilitation and retribution offers insight into the philosophy of criminal justice. Differences between these arguments include their respective focus and outcomes - rehabilitation emphasizes reforming the offender, while retribution centers on punishment proportional to the crime. A similarity is that both seek to promote societal safety, albeit through differing methodologies.

Furthermore, social arguments supporting rehabilitation, such as reducing recidivism rates through education and therapy, contrast with the retributive focus on moral justice and societal deterrence. Philosophical considerations, including the ethical ramifications of punishment versus healing, further complicate the discourse surrounding these approaches to crime.

Judicial Considerations for Sentencing

Judges must consider various factors when imposing sentence, including the severity of the offense, prior criminal history, the circumstances surrounding the conduct, the potential for rehabilitation, and the impact on the victim. Among these, the severity of the offense often emerges as the most critical variable in just sentencing. However, personal history and potential for rehabilitation cannot be disregarded as they significantly inform the judicial process.

In conclusion, an effective understanding of prison management, inmates’ rights, and sentencing variables must integrate the legal precedents set forth by the US Supreme Court alongside a nuanced view of the philosophical underpinnings of punishment and rehabilitation.

References

• Wolff v. McDonnell, 418 U.S. 539 (1974).
• Sandin v. Conner, 515 U.S. 472 (1995).
• Alexander, M. (2012). The New Jim Crow: Mass Incarceration in the Age of Colorblindness. The New Press.
• Clear, T. R., & Frost, N. A. (2015). The Punishment Imperative: The Rise and Failure of Mass Incarceration in America. NYU Press.
• Tonry, M. (1996). Sentencing Matters. Oxford University Press.
• Cole, D. (1999). No Equal Justice: Race and Class in the American Criminal Justice System. The New Press.
• Friedman, L. M. (2005). A History of American Law. Simon & Schuster.
• Davis, A. J. (1983). Women, Race & Class. Random House.
• Lerman, A. E. (2005). The Citizenship Agenda and the Rise of the Punitive State. Yale University Press.
• Petersilia, J. (2003). When Prisoners Come Home: Parole and Prisoner Reentry. Oxford University Press.