RIGHTS DURING PUNISHMENT Flashcards
1
Q
RIGHT TO COUNSEL AT PAROLE AND
PROBATION REVOCATION
A
- If revocation of probation also involves imposing a new sentence, D is entitled to counsel in all cases where they are entitled to counsel at trial.
- If, after probation revocation, an already imposed sentence of imprisonment springs into application, or if case involves parole revocation, right to counsel is available only if representation is necessary for a fair hearing (ex. D denies commission of alleged acts/issues are otherwise difficult to present & develop).
2
Q
PRISONERS’ RIGHTS
A
- Prisoners’ rights issues rarely appear on MBE, & when they do appear they usually involve same con analysis as set out in general con law outline. - The most important rules peculiar to criminal procedure are:
3
Q
Due Process
A
- Prison regulations impact due process rights only if regulations impose “atypical & significant hardship” in relation to ordinary incidents of prison life.
4
Q
No Fourth Amendment Protection in Cells
A
- Prisoners have no REOP in their cells & so have no 4th am protection for searches of their cells.
5
Q
Right of Access to Courts
A
Prisoners must be given reasonable access to cts
6
Q
First Amendment Rights
A
- Prisoners’ 1st Am rights of freedom of speech,
association, & religion may be burdened by regulations reasonably related to prison management (ex. running a safe & secure prison). - Incoming mail can be broadly regulated, but outgoing mail generally cannot be regulated.
- Federal statute prohibits states from interfering w/ prisoner’s religious practices w/o a compelling interest.
7
Q
Right to Adequate Medical Care
A
- Prisoners have a right to adequate medical care under 8th am prohibition against cruel & unusual punishment.
8
Q
NO RIGHT TO BE FREE FROM DISABILITIES
UPON COMPLETION OF SENTENCE
A
- Person convicted of a felony may be unable to vote in state elections, & this disability can constitutionally continue beyond term of their sentence.
