Rights During Punishment Flashcards
Right to Counsel at Parole and Probation Revocation
If revocation of probation also involves imposition of a new sentence, the D is entitled to representation by counsel in all cases in which they are entitled to counsel at trial.
If, after probation revocation, an already imposed sentence of imprisonment springs into application, or if the case involves parole revocation, the right to counsel is available only if representation is necessary to a fair hearing.
Due Process
Prison regulations impinge on due process rights only if the regulations impose “atypical and significant hardship” in relation to the ordinary incidents of prison life.
No 4th Amendment Protection in Cells
Prisoners have no reasonable expectation of privacy in their cells and so have no 4th Amendment protection with respect to searches of their cells.
Right of Access to Courts
Prisoners must be given reasonable access to the courts.
1st Amendment Rights
Prisoners’ First Amendment rights of freedom of speech, association, and religion may be burdened by regulations reasonably related to penological interests.
Right to Adequate Medical care
Prisoners have a right to adequate medical care under the 8th amendment prohibition against cruel and unusual punishment.
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, and this disability can constitutionally continue beyond the term of their sentence.
