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| "evolving standards of decency"-what is cruel and unusual evolves over time |
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| Death penalty constituted cruel and unusual punishment -held for 4 years |
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| DP constitutional- 2 trials (guilty/innocent & sentence): aggravating and mitigating circumstances |
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| DP to rape and lesser crimes is unconstitutional |
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If mitigating and aggravating circumstances cancel each other out-tie goes to state (meaning the person gets the DP) |
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| even though system is racist- continue |
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Striking jurors based on races violates the 14th Amend. |
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| Restricted DP appeals: not retroactive |
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| DP exhausted appeals can file based on Batson if can prove Batson violated |
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| DP for age 15 or less is unconstitutional |
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| DP for 16, 17 years old is ok |
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| DP for juveniles is unconstitutional (under 18) |
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| DP for mentally retarded is constitutional |
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Definition
reversed Perry-DP for mentally retarded is unconstitutional |
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| Only one Habeas Corpus for Death Row inmates |
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| Innocence does not justify stay an execution- so if evidence is found to prove innocence its not enough (after you have exceeded appeals) |
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Staying on Death row for 25 years or longer is not cruel and unusual |
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Juries, not judges, must sentence inmate to death |
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Definition
Ring v. AZ is not retroactive |
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Definition
| prisons recognize other religions |
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| Employment Division v. Smith |
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Definition
| restricts certain religous practices that threaten social order... (for example- NA's use of peyote) |
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Term
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Definition
| restrictions on prisoner's freedom of speech |
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Definition
| Prison officials have the last call concerning peaceable assemblies, unions, etc. |
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Term
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| 4th Amendment does not apply to a prison/jail cell- shakedowns, pats, inspections etc. are permissible |
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Definition
| not allowed to strip search visitors |
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Definition
| ends corporal punishment of prisoners |
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Definition
| Allows for some deadly force to prevent escape |
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Definition
| upholds several variations of solitary confinement |
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| adequate healthcare is guaranteed (to some this is just the court recognizing right) |
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Term
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Definition
Mandatory HIV testing-also allows for prisoners with AIDS to be segregated |
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Term
| Hillman v. Columbia County |
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Definition
| HIV status could not be automatically made known to inmates and staff of institution |
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Term
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Definition
| Allows prisons to ban smoking |
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Term
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Definition
| Upholds every aspect of PLRA |
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Term
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| Court set rather high standard of "indifference" that plaintiffs must meet when filing suit against prison officials |
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Term
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| CA 2-strike law does not violate the 8th Amend (cruel and unusual punishment) |
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Term
| Apprendi v. NJ: Blakely v. Washington |
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Definition
| using the 6th Amendment rather than the 8th Amendment (trial by jury), "proved beyond a reasonable doubt" |
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Definition
| sentencing guidelines are unconstitutional; mandatory minimums are ok, but with exceptions |
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Definition
| Defendent is not allowed access to the contents in the dossier or report from the PSI (Pre-Sentence Investigation) |
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Term
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Definition
| During a revocation hearing-preponderance of evidence is used |
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Definition
| Court ruled that employees of private prison facilities are not immune from prison litigation as state CO's and employees are |
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Definition
| estab. hands-off doctrine for convicted felons-have forfeited all liberties and rights under const. |
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| CO cannot block seeking of Habeas |
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Definition
| overruled Ruffin-const. right granted-was civil rights movement behind bars |
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