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The Evolution of Criminal Justice by Sandy Judd In twentieth century America, coerced confessions to criminal acts are not technically admissible as evidence in courts of law. Since the 1980's, however, a movement against the enforcement of such "technicalities" has developed within the federal courts. As more forms of questionable …
Article • June 15, 1993 • from PLN June, 1993
Adequate Notice of Disciplinary Charges Required by Henry Benitez is a New York state prisoner. He was infracted in a four page disciplinary report for allegedly violating eight different rules. A few hours later he was given another infraction report consisting of an additional four charges. A few hours later …
Court Enjoins Torture of Jail Prisoners by Two Mississippi jail prisoners tried to escape from the jail by smashing their way out. Their attempt failed and guards secured and restrained them in an interrogation cell. The sheriff questioned the two men as to the location of their escape tools, which …
Sexually Harassing Pat Searches May Be Illegal by Two Missouri state prisoners filed suit against a female prison guard. In their complaint they alleged that for a two month period the guard fondled their crotches during almost daily, routine pat down searches. After they told the guard they wanted to …
Court Bans Double Celling of New Prisoners by Prisoners at the Nebraska State Penitentiary filed a class action suit challenging numerous conditions of confinement at the penitentiary. Most of the claims relate to overcrowding and the overall poor living conditions which include: excessive noise, lack of ventilation, inadequate staff, assaults …
Prison Officials Liable for Haircuts by Four prisoners at the Iowa State Penitentiary (ISP) with shag haircuts (where the hair is long in back and short in the front and on the sides) were ordered to get haircuts by prison officials. Two of the prisoners agreed to the haircuts, the …
Wisconsin Lacks Adequate State Remedies for Due Process Violations by Varees Smith is a Wisconsin state prisoner. He was infracted for allegedly charging another prisoner to do legal work. He filed suit under § 1983 claiming his due process rights were violated when a disciplinary hearing was held without notice …
Infraction Suits Must Exhaust Administrative Remedies by L. Markham is an Indiana state prisoner. He lost 243 days of earned good time in a series of disciplinary proceedings. Under Indiana DOC regulations prisoners can appeal the loss of good time credits to prison officials within 10 days of the hearing, …
Prisoners Win Suit Over Circulating Petition by Dennis Wolfel and three other Ohio state prisoners, including longtime PLN supporter John Perotti, were infracted and disciplined for circulating a petition complaining of brutal prison conditions. The petition was going to be sent to Amnesty International, the international human rights group, to …
Indiana DOC Must Allow Witnesses at Hearings by Jerry Forbes is an Indiana state prisoner who refused to take a urine test because the prison did not publish its testing procedures. He was infracted and requested prison officials as witnesses at his hearing and they refused to appear. He was …
Article • March 15, 1993 • from PLN March, 1993
Section 1983 Proper Remedy for Disiplinary Violations by Two Arizona state prisoners were found guilty of drug use at a disciplinary hearing and lost 2 years of good time credits, did 15 days in isolation, lost privileges, were moved to higher security levels, and placed on a more restrictive parole …
Article • March 15, 1993 • from PLN March, 1993
Prison Bosses Liable for Rights Violation by Willie Horne is a retarded New York state prisoner who was infracted, not provided with a counsel substitute at a disciplinary hearing, and was punished. Horne filed suit claiming that prison officials violated his due process rights by subjecting him to a disciplinary …
Pre-Trial Detainees Don't Have to Work by Jorge Martinez is a federal pre-trial detainee. He filed suit claiming that while he was held at the US Medical Center for federal prisoners he was denied proper medical care for a dislocated shoulder, was force fed after seven days on hunger strike, …
BOP Agency for APA Purposes by Garvin White was a federal prisoner at Leavanworth who was accused of attempting to escape and was transferred to Marion. At Marion he was infracted for the attempted escape. The hearing officer did not render a verdict until 4 months after White's arrival at …
Article • January 15, 1993 • from PLN January, 1993
Must Inmate Detail Witness Testimony As Condition to Having Witness Called? by "We are also of the opinion that the inmate facing disciplinary proceedings should be allowed to call witnesses...when permitting him to do so will not be unduly hazardous to institutional safety or correctional goals." This principle was stated …
Lay Advisor Can't be Adverse Witness by On May 18, 1987, an inmate at the Arizona State Prison at Tucson was found stabbed to death. An investigation ensued, and Ruben Melendez was ultimately indicted for the killing. While the investigation was still in progress, DOC personnel formally notified Melendez that …
Article • January 15, 1993 • from PLN January, 1993
Generalized Written Statement of Hearing Committee Accepted, Where Evidence Clear by A disciplinary hearing committee's written decision saying it based its finding of guilt on "written reports and testimonies presented at the hearing" was constitutionally acceptable where that information could be interpreted only as either showing the charges (of verbal …
Article • December 15, 1992 • from PLN December, 1992
BOP Prisoners Don't Need to Exhaust Administrative Remedies by BOP Prisoners Don't Need To Exhaust Administrative Remedies Donald Cooney is a federal prisoner who was infracted for insolence to a staff member, found guilty and removed from his job position as a sanction. Cooney began an administrative review of the …
Hearing Officer Must Base Guilt Finding on Evidence by Hearing Officer Must Base Guilt Finding On Evidence Frank Zavaro is a New York state prisoner who was infracted for participating in a riot and assault on guards. A riot had broken out in a mess hall with several guards being …
Article • December 15, 1992 • from PLN December, 1992
Physical Evidence Need Not be Preserved For Hearing by Physical Evidence Need Not Be Preserved For Hearing Eddie Griffin is a Pennsylvania state prisoner. During a cell search prison guards found about 15 gallons of fermented beverages in his cell. The guards ordered Griffin to flush the liquids down the …
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