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| 3 elements of Reichel's rule of law |
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Definition
1. a nation must recognize the supremacy of certain fundamental values & principles
2. these values & principles must be committed to writing
3. a system of procedures to hold the government to these principles & values must be in place |
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| the principle that laws, not people, govern & that no one is above the law |
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| an early American court-articulated belief that the judiciary should not interfere with the management & administration of prisons |
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| statutes in former times mandating that convicted felons lose all citizenship rights |
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| Latin term meaning "you have the body"; it is a court order requiring that an arrested person be brought before it to determine the legality of detention |
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| the first 10 amendments in the US Constitution |
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| a mechanism for state prison inmates to sue state officials in federal court regarding their confinement & their conditions of confinement |
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| a "section 1983" claim that a person has been deprived of some legally granted right |
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| the period of time when there was a partial return to the hands-off approach & refers to the courts' willingness to defer to the expertise & needs of the authorities |
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| guarantees freedom of religion, speech, press, & assembly |
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| guarantees the right to be free from unreasonable searches & seizures |
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| constitutional amendment that forbids cruel & unusual punishment |
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| contains the due process clause, which declares that no state shall deprive any person of life, liberty, or property without due process of law |
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| 6 rights of a parole revocation defendant |
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Definition
1. written notice of the claimed violations of parole
2. disclosure to the parolee of evidence against him
3. opportunity to be heard in person & to present witnesses & documentary evidence
4. the right to confront & cross-examine adverse witnesses
5. a "neutral & detached" hearing body such as a traditional parole board, members of which need not be judicial officers or lawyers
6. a written statement by the fact finders as to the evidence relied on & reasons for revoking parole |
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| refers to an interest in freedom from governmental deprivation of liberty without due process |
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