Rights During Punishment

Question 1

Right to Counsel - Parole and Probation Revocation

Answer 1

• if revocation of probation also involves imposition of new sentence, def is entitled to counsel in all cases in which they’d be entitled to counsel at trial
• BUT if probation gets revoked+ an already imposed sentence springs into application, or if case involves parole revocation, right to counsel available only if representation = necessary to a fair hearing (ex: def denies commission of certain acts)

Question 2

Prisoners’ Rights - Due Process

Answer 2

• prison regs impinge on due process rights only if they impose “atypical and significant hardship” in relation to the ordinary incidents of prison life
• note book says prisoners’ rights not often tested on exam

Question 3

Prisoners’ Rights - 4th Am

Answer 3

• prisoners have NO reasonable expectation of privacy in their cells, + therefore NO 4th Am protection against search of cells

Question 4

Prisoners’ Rights - Access to Courts

Answer 4

• prisoners must be given reasonable access to courts

Question 5

Prisoners’ Rights - First Amendment

Answer 5

• 1st Am rights of free speech, association, + religion may be burdened by regs reasonably related to penological interests
• incoming mail can be broadly regulated, but outgoing mail generally can’t be
• a fed statute prohibits states from interfering w/ prisoner’s religious practices absent a compelling interest

Question 6

Prisoners’ Rights - Voting

Answer 6

• person convicted of a felony may be unable to vote in state elections -> this disability can constitutionally continue beyond the term of their sentence

Question 6

Prisoners’ Rights - Medical Care

Answer 6

• prisoners have right to adequate medical care under 8th Am