Rights of prisoners

Rights of prisoners volume 2 contents: Ch. 6 - Communications and expressions: speech in prison. I. Introduction. §6:1. Generally. II. The Supreme court's approach to speech in prison. §6:2. Generally. §6:3. Procunier v. Martinez. §6:4. Turner v. Safley. §6:5. Thornburgh v. Abbott. §6:6. Shaw v. Murphy. §6:7. Beard v. Banks. §6:8. Summary of Supreme Court precedent. III. Censorship and limitation on receipt of publications. §6:9. Generally. §6:10. Criminal writings. §6:11. Political materials. §6:12. Sexual materials. §6:13. Catalogues. §6:14. Due process. §6:15. Publisher - only rules. §6:16. Access to literature in punitive segregation. IV. Prisoner writings. §6:17. Generally. §6:18. Writings primarily for a civilian audience. §6:19. Writings for civilian outlets, including newspapers, periodicals, and electronic media. §6:20. Writings primarily for a prisoner audience. §6:21. Punishment for improper writings. §6:22. Son - of - Sam laws. V. The right to political activity: the right to associate, to communicate, and to present grievances in prison. §6:23. Generally. §6:24. Group activity. §6:25. Individual activity. §6:26. Petitions. Ch. 7 - First amendment rights: religion. I. Introduction. §7:1. Generally. II. Standards of religious freedom. A. The search for a governing standard. §7:2. Generally. §7:3. O'Lone v. Estate of Shabazz. §7:4. The significance of Shabazz. B. Congress and the Supreme Court battle over a governing standard. §7:5. Generally. §7:6. Religious Freedom Restoration Act (RFRA). §7:7. City of Boerne v. Flores. §7:8. The Religious Land Use and Institutionalized Persons Act (RLUIPA). §7:9. Cutter v. Wilkinson. §7:10. RLUIPA applied. C. Equal protection and the establishment clause. §7:11. Equal protection. §7:12. Establishment of religion. §7:13. Faith based programs. D. Defending religion. §7:14. Generally. §7:15. Sincerity of beliefs. §7:16. Nature of the beliefs. III. Religious practices. A. In general. §7:17. Generally. B. Personal appearance and clothing. §7:18. Generally. §7:19. Head coverings. §7:20. Religious jewelry and medallions. C. Dietary restrictions. §7:21. Meals. D. Religious services. §7:22. Generally. §7:23. Who may officiate? §7:24. Informal prayer gatherings. §7:25. How specific must the service be? §7:26. Right to exclude. §7:27. Right of inmates in segregation to attend services. E. Name changes. §7:28. Generally. F. Access to clergy, publications and other religious items. §7:29. Access to clergy. §7:30. Right to visiting clergy to conduct services. §7:31. Right to visits by clergy to individual inmates. §7:32. Access to religious mail and publications. §7:33. Access to religious accoutrements. G. Religious belief in conflict with other rights and duties. §7:34. Work - religion conflicts. §7:35. Medical treatment - religion conflicts. Ch. 8 - Prison labor. I. Introduction. §8:1. Generally. §8:2. Historical background. §8:3. Prison - made goods. §8:4. Thirteenth amendment involuntary servitude exception: Can inmate be forced to work? II. The right to work or be employed. §8:5. Generally. §8:6. The right to a particular job. §8:7. Job seniority. §8:8. Effect of civil rights laws. §8:9. Title VII. §8:10. Discrimination under the Constitution. §8:11. Effect of AIDS and other conditions. III. Wages. §8:12. The right to be paid in general. §8:13. The right to be paid minimum wages. §8:14. Work by prisoners for private employer. §8:15. Minimum wages under state law. §8:16. Policy considerations. §8:17. Withholding wages. §8:18. Interest on inmate accounts. IV. The right to be compensated for work - related injuries and unemployment. §8:19. Generally. §8:20. Tort suits. §8:21. State workers' compensation laws. §8:22. Recovery under 18 U.S.C.A. §4126. §8:23. Policy considerations. §8:24. The right to unemployment compensation. V. The right to form prisoners' unions.§8:25. Generally. §8:26. Policy considerations. §8:27. Grievance mechanisms. §8:28. The right to engage in work stoppages and strikes. VI. Work release programs. §8:29. The right to participate in work-release programs generally. §8:30. Work release participation and due process requirement. VII. Conclusion. §8:31. The legislative challenge. Ch. 9 - Fourth amendment rights: privacy and related issues. I. Introduction. A. In general. §9:1. Generally. B. The Supreme Court's treatment of prisoners' fourth amendment rights. §9:2. Generally. §9:3. The Lanza test. §9:4. Katz v. United States. §9:5. Hudson v. Palmer. §9:6. Bell v. Wolfish. §9:7. Summary. C. Fourth amendment rights of other persons in custody. §9:8. The fourth amendment rights of pretrial detainees. §9:9. The fourth amendment rights of parolees and probationers. D. The need for a warrant.§9:10. Generally. §9:11. The administrative warrant approach. §9:12. Should administrative warrants be required for cell searches? §9:13. Current state of the law. II. Cell and locker searches. §9:14. Generally. §9:15. Right to observe cell or locker searches. §9:16. Limits on cell and locker searches. §9:17. Protection against harassment and retaliation. §9:18. Cell searches for the purpose of criminal investigation and not for security purposes. III. Body searches. A. In general. §9:19. Generally. §9:20. Prison visitors. §9:21. Pat - downs of clothed prisoners. B. Strip searches. §9:22. Nonintrusive visual inspections of nude prisoners. §9:23. Before or after contact with the outside world. §9:24. During movement within the prison. §9:25. Of arrestees. §9:26. Guidelines for conducting strip searches. §9:27. Intrusive body cavity searches, including digital searches. C. Use of opposite - sex corrections personnel in prison searches. §9:28. Generally. §9:29. Female corrections officers in male prisons. §9:30. Male corrections officers in female prisons. D. Physical testing of prisoners' bodies. §9:31. Drawing blood for AIDS tests and other tests. §9:32. Urinalysis testing. §9:33. DNA and hair samples. IV. Other searches. §9:34. Eavesdropping and electronic monitoring of conversations. §9:35. Searches of non-legal mail, personal papers, and packages. §9:36. Mail searches. §9:37. Prohibitions of writing to other inmates. §9:38. Privacy interests in personal papers. §9:39. Consent searches. V. Use of evidence seized in a search. §9:40. Generally. VI. Privacy rights outside the fourth amendment. §9:41. Generally. §9:42. Personal intimacy. §9:43. Privacy in personal property. §9:44. Surveillance. §9:45. Personal grooming and appearance. Ch. 10 - Disciplinary proceedings. I. Introduction. §10:1. Generally. §10:2. Prison rules and disciplinary sanctions. II. The Supreme Court's treatment of when due process is required. A. Development of procedural due process case law. §10:3. Generally. §10:4. Wolff v. McDonnell. §10:5. Meachum v. Fano. §10:6. Vitek v. Jones and Washington V. Harper. §10:7. Hewitt v. Helms. §10:8. Kentucky Department of Corrections v. Thompson. §10:9. Sandin v. Conner. §10:10. Wilkinson v. Austin. §10:11. Summary. B. Deprivations outside the normal range of prison sentence and criminal conviction. §10:12. Generally. C. State - created liberty interests which when denied impose atypical and significant hardships. 1. In general. §10:13. Generally. §10:14. State created liberty interests. 2. Atypical and significant hardships beyond the "ordinary incidents of prison life". §10:15. Generally. §10:16. Disciplinary confinement. §10:17. Administrative segregation. §10:18. Good time. §10:19. Work release and other temporary release programs. §10:20. Standard for comparison. §10:21. Pretrial detainees. §10:22. Denial of prison privileges. §10:23. Property interests. III. The requirements of due process. §10:24. The balancing approach. §10:25. Venue. §10:26. Notice - time requirements. §10:27. Content requirements. IV. Witnesses. §10:28. The right to call witnesses. §10:29. The right to compel unwilling witnesses to testify. §10:30. Alternatives to compelling witnesses to testify at hearings. §10:31. The right to confront and cross - examine witnesses. §10:32. Alternatives to confrontation and cross - examination - The problem of confidential informants. §10:33. The right to testify in one's own behalf. §10:34. The effect of remaining silent. §10:35. Double jeopardy and speedy trial considerations. §10:36. Necessity to Miranda warnings. V. Evidence. §10:37. The right to present documentary evidence. §10:38. Admissible evidence. §10:39. Urinalysis testing results. §10:40. Polygraph testing results. §10:41. Hearsay evidence. VI. Other due process rights. §10:42. The right to assistance of counsel or substitute counsel. §10:43. Wolff v. McDonnell. §10:44. Post - Wolff developments and issues. §10:45. The right to an impartial hearing panel. §10:46. Standard of proof required to justify hearing panel's decision. §10:47. The right to have written conclusions of the disciplinary panel. §10:48. The right to appeal an adverse disciplinary finding - internal administrative appeals. §10:49. External judicial appeals and right of access to courts. VII. Exceptions to due process protections and the future direction of the right. §10:50. Temporary and emergency conditions. §10:51. Future directions. Includes summary of contents, table of contents and the 2016 - 2017 supplement.