Research Paper
Research Paper
Paulina Gutierrez 3B
January 6, 2013
Due Process vs. Justice “Should the courts freed convicted felons for violations to due process?”
Prisoners' Rights
The hands-off doctrine dominated thinking about correctional law in America during the 19th century. American courts regarded inmates as “slaves of the state.” Judges believed prisoners had no rights because they had forfeited them as a result of their crimes, and judges didn't interfere with the administration of correctional institutions because they didn't want to violate the principle of separation of power (in other words, the courts didn't want to interfere with the authority of the executive branch to administer prisons). *
During the 1960s and 1970s, the courts moved away from the hands-off doctrine and acknowledged that courts have a duty to resolve constitutional claims of prisoners. The assertiveness of Black Muslim prisoners in making claims upon the courts and the activist Warren Court's commitment to protecting the rights of minorities, including persons accused of crimes and persons convicted of crimes, caused this shift. In addition, several legal developments also led to the temporary demise of the hands-off doctrine.
In Monroe v. Pape (1961), the U.S. Supreme Court ruled that citizens could bring Section 1983 suits against state officials in federal courts without first exhausting all state judicial remedies. Section 1983 of the Civil Rights Act of 1871, which imposes civil liability on any person who deprives another of constitutional rights, became a vehicle inmates could use to challenge the constitutionality of the conditions of prison life. In another significant case, Robinson v. California (1962), the Court extended the Eighth Amendment's prohibition against cruel and unusual punishment to the states.
Today, the Court recognizes that prisoners do have certain rights. At the same time, however, the Court holds that prisoners do have fewer rights than
Paulina Gutierrez 3B
January 6, 2013
Due Process vs. Justice “Should the courts freed convicted felons for violations to due process?”
Prisoners' Rights
The hands-off doctrine dominated thinking about correctional law in America during the 19th century. American courts regarded inmates as “slaves of the state.” Judges believed prisoners had no rights because they had forfeited them as a result of their crimes, and judges didn't interfere with the administration of correctional institutions because they didn't want to violate the principle of separation of power (in other words, the courts didn't want to interfere with the authority of the executive branch to administer prisons). *
During the 1960s and 1970s, the courts moved away from the hands-off doctrine and acknowledged that courts have a duty to resolve constitutional claims of prisoners. The assertiveness of Black Muslim prisoners in making claims upon the courts and the activist Warren Court's commitment to protecting the rights of minorities, including persons accused of crimes and persons convicted of crimes, caused this shift. In addition, several legal developments also led to the temporary demise of the hands-off doctrine.
In Monroe v. Pape (1961), the U.S. Supreme Court ruled that citizens could bring Section 1983 suits against state officials in federal courts without first exhausting all state judicial remedies. Section 1983 of the Civil Rights Act of 1871, which imposes civil liability on any person who deprives another of constitutional rights, became a vehicle inmates could use to challenge the constitutionality of the conditions of prison life. In another significant case, Robinson v. California (1962), the Court extended the Eighth Amendment's prohibition against cruel and unusual punishment to the states.
Today, the Court recognizes that prisoners do have certain rights. At the same time, however, the Court holds that prisoners do have fewer rights than