10: prisoners' rights Flashcards
liberty interests for prisoners in the US
at first, court considered prisoners as slaves of the state with no rights/liberty interests
- only if there was cruel or unusual punishment
now, when there’s atypical and significant hardship of the inmate in relation to ordinary prison life
revocation of parole and probation in the US
liberty interest because of the context that you’re either let out of jail or you’ve never been in jail so you’re in liberty and they take it away by sending you to prison
cannot let you out and take you back without due process
good time credits in the US
can only lose good time credits if you’re guilty of serious misconduct
but depends on what state statutes say
- you might not have such a liberty interest or right if the state doesn’t say so
transfer from min. to max. security prison in the US
doesn’t trigger a liberty interest if the state doesn’t give you that right
- can be transferred without due process
entitlement to due process: parole release v. parole revocation in the US
with revocation, you need due process since you’re out and they’re taking you back in
but with release, you’re in prison and in that case you don’t have a right to due process
reasonable entitlement to due process is not created merely because a state provides for the possibility of parole
administrative segregation and interstate transfer / commutation of sentences in the US
does not trigger liberty in the context of due process
transfer from a prison to a mental hospital / medication in the US
one of the few cases that does trigger liberty interest and therefore requires due process
court considers it’s not something you can reasonably expect in prison and is not within the range of conditions of confinement that a prison sentence subjects an individual
- can also lead to involuntary psychiatric treatment
preparole in the US
still a liberty interest since you’re let out and taken back
placement in “super-max” facility in the US
significant and atypical hardship even in correctional context
liberty interest when being transferred to this type of facility
