Term
| A PRISON REGULATION THAT IMPINGES ON INMATES' CONSTITUTIONAL RIGHTS IS VALID IF IT IS REASONABLY RELATED TO LEGITIMATE PENOLOGICAL INTERESTS. |
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Definition
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Term
| THE STANDARD ESTABLISHED IN TURNER V. SAFLEY APPLIES TO ALL CONSTITUTIONAL RIGHTS OF INMATES, INCLUDING FIRST AMENDMENT RIGHTS. |
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Term
| "DOUBLE BUNKING," THE "PUBLISHER ONLY RULE," BODY CAVITY SEARCHES OF PRETRIAL DETAINEE'S QUARTER IN HIS ABSENCE ARE CONSTITUTIONAL. |
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Term
| PRISON AUTHORITIES CANNOT PROHIBIT PRISONERS FROM HELPING OTHER PRISONERS PREPARE LEGAL WRITS UNLESS THEY PROVIDE REASONABLE ALTERNATIVES BY WHICH INMATES CAN HAVE ACCESS TO THE COURTS. |
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Definition
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Term
| PRISON AUTHORITIES ARE REQUIRED TO ASSIST INMATES BY PROVIDING MEANINGFUL ACCESS TO THE COURTS |
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Definition
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Term
| THE "STRICT SCRUTINY" STANDARD, NOT THE STANDARD OF "REASONABLY RELATED TO A LEGITIMATE PENOLOGICAL INTEREST," IS THE PROPER STANDARD FOR COURTS TO USE WHEN DETERMINING THE CONSTITUTIONALITY OF PRISON RACIAL SEGREGATION CASES, EVEN IF THE SEGREGATION IS TEMPORARY. |
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Term
| INMATES MUST BE GIVEN REASONABLE OPPORTUNITIES TO EXERCISE THEIR RELIGIOUS BELIEFS. |
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Term
| PRISON POLICIES THAT IN EFFECT POLICIES THAT IN EFFECT PREVENTED INMATES FROM EXERCISING FREEDOM OF RELIGION ARE CONSTITUTIONAL BECAUSE THEY ARE REASONABLY RELATED TO LEGITIMATE PENOLOGICAL INTERESTS. |
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Definition
| O'LONE V. ESTATE OF SHABAZZ |
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Term
| A PRISON CELL MAY BE SEARCHED WITHOUT A WARRANT OR PROBABLE CAUSE BECAUSE A PRISON CELL IS NOT PROTECTED BY THE FOURTH AMENDMENT. |
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Definition
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Term
| A DEFENDANT HAS A CONSTITUTIONAL RIGHT TO LAWYER DURING PROBATION REVOCATION BY THE IMPOSITION OF A DEFERRED SENTENCE. |
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Definition
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Term
| PROBATIONERS ARE ENTITLED TO DUE PROCESS RIGHTS BEFORE PROBATION CAN BE REVOKED. THE RIGHT TO COUNSEL, HOWEVER, SHOULD BE DECIDED ON A CASE-BY-CASE BASIS. |
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Definition
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Term
| A REQUEST BY A JUVENILE TO SEE HIS PROBATION OFFICER IS NOT EQUIVALENT TO ASKING FOR A LAWYER. |
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Definition
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Term
| A PAROLEE MUST BE GIVEN DUE PROCESS RIGHTS PRIOR TO PAROLE REVOCATION BECAUSE REVOCATION CONSTITUTES A "GRIEVOUS LOSS" OF FREEDOM. |
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Definition
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Term
| THE DEATH PENALTY VIOLATES THE EQUAL PROTECTION CLAUSE OF THE FOURTEENTH AMENDMENT AND THE PROHIBITION AGAINST CRUEL AND UNUSUAL PUNISHMENT AND IS THEREFORE UNCONSTITUTIONAL. |
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Definition
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Term
| DEATH PENALTY STATUTES THAT CONTAIN SUFFICIENT SAFEGUARDS AGAINST ARBITRARY AND CAPRICIOUS IMPOSITION ARE CONSTITUTIONAL. |
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Definition
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Term
| IT IS CRUEL AND UNUSUAL PUNISHMENT TO IMPOSE THE DEATH PENALTY ON A JUVENILE WHO COMMITS THEIR CRIME AT AGE 15 OR YOUNGER. |
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Definition
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Term
| IT IS CRUEL AND UNUSUAL PUNISHMENT TO IMPOSE THE DEATH PENALTY ON A JUVENILE WHO COMMITS THE CRIME AT AGE 16 OR ORDER. |
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Definition
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Term
| THE EIGHTH AND FOURTEENTH AMENDMENTS PROHIBIT THE DEATH PENALTY FOR JUVENILES WHO COMMITTED THEIR CRIME BEFORE THE AGE OF 18. |
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Definition
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Term
| A VICTIM IMPACT STATEMENT IS ADMISSIBLE IN THE SENTENCING PHASE OF DEATH PENALTY CASES. |
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Definition
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Term
| IT IS UNCONSTITUTIONAL TO IMPOSE THE DEATH PENALTY FOR THE RAPE OF A CHILD. |
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Definition
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Term
| JUVENILES MUST BE GIVEN FOUR BASIC DUE PROCESS RIGHTS IN ADJUDICATION PROCEEDINGS THAT CAN RESULT IN CONFINEMENT IN AN INSTITUTION. |
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Definition
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Term
| PROOF BEYOND A REASONABLE DOUBT, NOT SIMPLY A PREPONDERANCE OF THE EVIDENCE, IS REQUIRED IN JUVENILE ADJUDICATION HEARINGS IN CASES IN WHICH THE ACT WOULD HAVE BEEN A CRIME IF IT HAD BEEN COMMITTED BY AN ADULT. |
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Definition
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Term
| JUVENILES HAVE NO CONSTITUTIONAL RIGHT TO TRIAL BY JURY IN A DELINQUENCY PROCEEDING. |
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Definition
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Term
| "REASONABLE GROUNDS" IS ALL THAT PUBLIC SCHOOL OFFICIALS NEED TO SEARCH STUDENTS; THEY DO NOT NEED A WARRANT OR PROBABLE CAUSE. |
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Definition
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Term
| A SEX OFFENDER REGISTRATION AND NOTIFICATION LAW THAT IS NOT PUNITIVE DOES NOT VIOLATE THE EX POST FACTO CLAUSE OF THE CONSTITUTION. |
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