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2012
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The New EEOC Guidance in a Nutshell
By Bosworth, Angela.
EmployeeScreenIQ Blog.
Do you want the new EEOC guidance regarding the use of criminal records in making hiring decisions in black and white? This website presents an excellent summary of this guidance. Sections of this article include: introduction; the new guidance; individualized assessment; best practices identified in the guidance; and practical implications for employers.... Read More
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3 pages
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2012
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EEOC Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964
U.S. Equal Employment Opportunity Commission. Office of Legal Counsel (Washington, DC).
“The purpose of this Enforcement Guidance is to consolidate and update the U.S. Equal Employment Opportunity Commission’s guidance documents regarding the use of arrest or conviction records in employment decisions under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.” (p. 1). This document is divided into eight sections: summary; introduction; background; disparate treatment discrimination and criminal records; disparate impact discrimination and criminal record... Read More
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55 pages
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2011
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Legality of Denying Access to Medication-Assisted Treatment In the Criminal Justice System
Legal Action Center (New York, NY).
“This report examines the prevalence of opiate addiction in the criminal justice system, its devastating consequences, and the widespread denial of access to one of its most effective forms of treatment: medication assisted treatment (“MAT”). Anyone involved in correctional health care should read this report. The report then analyzes the circumstances in which the denial of MAT violates Federal anti-discrimination laws and the United States Constitution.” Sections following an executive summary... Read More
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25 pages
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2009
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No Equal Justice: The Prison Litigation Reform Act in the United States
By Fathi, David.
Human Rights Watch (New York, NY).
This report "examines three provisions of the PLRA [Prison Litigation Reform Act] -- the exhaustion requirement, the physical injury requirement, and the law's application to children - and their effect on prisoners' access to justice" (p. 4). Eleven sections comprise this publication: summary; recommendations; incarceration in the U.S.; the exhaustion requirement; the physical injury requirement; the PLRA's application to children; the PLRA's negative effect on prisoners' access to the courts;... Read More
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47 p.
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2009
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Know Your Rights: Publications Sent by Mail
American Civil Liberties Union Foundation. National Prison Project (Washington, DC).
Issues surrounding the limited right of an inmate to receive publications through the mail are discussed. Topics addressed are: legal test; total ban on receipt of publications; news and political speech; weapons escape plans, and illegal activity; nudity and pornography; religious publications; publisher only rules; gift subscriptions; right to notice; and practical considerations.... Read More
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6 p.
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2009
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Lethal Injection and the Problem of Constitutional Remedies
By Berger, Eric.
This article explains why constitutional remedies are needed to address "serious flaws" in lethal injection practices. Sections following an abstract are: introduction; an overview of lethal injection -- the three-drug protocol and the Supreme Court's fractured decision in Baze v. Rees; remedial anxieties and lethal injection; political process failures and the need for judicial intervention; the modesty of lethal injection remedies; and conclusion.... Read More
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65 p.
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2009
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For Execution Methods Challenges, the Road to Abolition is Paved with Paradox
By Denno, Deborah W..
Fordham University. School of Law (New York, NY).
Issues surrounding legal challenges to the use of lethal injection are discussed. This chapter contains sections covering: background; brief history of execution methods; lethal injection's perplexing perpetuation -- how states resist changing execution methods, surge in lethal injection challenges, role of medical professionals, and lessons learned from lethal injection challenges; the Supreme Court rules -- perspective on Baze v. Rees; and conclusion. "This chapter suggests that lethal inject... Read More
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47 p.
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2009
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Unexpected Consequences: The Constitutional Implications of Federal Prison Policy for Offenders Considering Abortion: Note
By Deason, Claire B..
The right of federally incarcerated female offenders to have an abortion is examined. Sections of this article include: the current state of prisons and prisoners’ rights -- pregnancies in prison, abortion policy of the Federal Bureau of Prisons (BOP), female offenders retain a legal right to abortion, and procedural due process rights retained by the incarcerated; BOP policy is unconstitutional as applied to pregnant offenders considering abortion -- BOP abortion policies are facially constitut... Read More
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33 p.
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2009
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Prolonged Solitary Confinement and the Constitution
By Lobel, Jules.
University of Pittsburgh. School of Law (Pittsburgh, PA).
The "increasing practice of prolonged or permanent solitary confinement [i.e., supermax prisons] constitutes cruel and unusual punishment in violation of the Constitution, and whether it violates the due process rights of the prisoners so confined" is addressed (p. 116). This article is divided into three parts: indefinite, permanent solitary confinement and the Eighth Amendment; meaningful review and the Constitution; and mental pain and the Eighth Amendment. The author finds that prolonged s... Read More
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25 p.
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2009
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RE: Investigation of the Harris County Jail
U.S. Dept. of Justice. Civil Rights Division (Washington, DC).
Results from an evaluation of conditions at the Harris County Jail (Houston, TX) are presented. This report is divided into four sections: jail description; legal framework; constitutional deficiencies in medical care, protection from harm, and sanitation and life safety; and recommended remedial measures.... Read More
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24 p.
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2008
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RE: CRIPA Investigation of the Erie County Holding Center and the Erie County Corrections Facility
U.S. Dept. of Justice. Civil Rights Division (Washington, DC).
Results from this evaluation of conditions at the Erie County Holding Center and the Erie County Correctional Facility (located in Erie County, NY) are presented. This report covers the following areas of concern: background; findings according to inadequate suicide prevention; inadequate mental health care, inadequate protection from harm, inadequate medical care, and environmental health and safety deficiencies; recommended remedial measures; and conclusions.... Read More
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50 p.
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2008
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Anesthetizing the Public Conscience: Lethal Injection and Animal Euthanasia
By Alper, Ty.
The author argues that the unnecessary and inhumane use of pancuronium or similar paralyzing drugs for human lethal injections is illustrated by the ban on their use in the euthanasia of animals. This article is divided into five parts: the problem with curare, a neuromuscular blocking agent; the aesthetic-only procedure for animal euthanasia; state animal euthanasia laws -- a consensus against curate; legislative history -- familiar arguments against curariform drugs; and conclusion.... Read More
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48 p.
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2008
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The Constitutionality of Civil Commitment and the Requirement of Adequate Treatment
By Simth, Douglas G..
George Mason University School of Law (Fairfax, VA).
Constitutional issues related to the civil commitment of sexually violent predators in Washington are addressed. This paper is divided into five parts: the U.S. Supreme Court's civil commitment jurisprudence; the framework for assessing whether treatment is constitutionally adequate; the SCC's (Washington State's Special Containment Center) non-compliance with its constitutional obligations; the relationship between the requirement of constitutionally adequate treatment and the constitutionalit... Read More
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40 p.
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2008
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Re: Investigation of the Worcester County Jail and House of Correction, West Boylston, Massachusetts
U.S. Dept. of Justice. Civil Rights Division (Washington, DC).
Conditions at the Worcester County Jail and House of Correction in West Boylston, Massachusetts, that violate the constitutional rights of inmates are explained. This report is divided into the following parts: background; findings regarding failure to protect inmates from harm, environmental health deficiencies and failure to provide adequate mental health care; and recommended remedial measures.... Read More
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40 p.
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2008
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Memorandum of Agreement Regarding the Garfield County Jail
U.S. Dept. of Justice. Civil Rights Division (Washington, DC).
A Memorandum of Agreement (MOA) between the U.S. Department of Justice and the Garfield County Jail and Garfield County Work Center (Oklahoma) is provided. This MOA has these sections: introduction; definitions; substantive remedial measures for security and protection from harm, medical, dental, and mental health care, out of cell time, and legal correspondence; reporting requirements; compliance and monitoring; and implementation and termination.... Read More
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22 p.
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2008
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United States of America, Plaintiff v. the State of Ohio, et al., Defendants: Stipulation for Injunctive Relief
By Marbley, Algenon L..
U.S. District Court. Southern District of Ohio. Eastern Division (Columbus, OH).
Claims regarding the violation of constitutional and federal statutory rights of confined youth at the Scioto Juvenile Correctional Facility and the Marion Juvenile Correctional Facility are resolved by this Stipulated Judgment. Sections of this document include: introduction; definitions; substantive remedial measures; compliance coordination, policies, training, and quality assurance/quality improvement; monitoring; reporting requirements and right of access; and implementation, enforcement, ... Read More
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25 p.
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2008
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Re: Cook County Jail, Chicago, Illinois
U.S. Dept. of Justice. Civil Rights Division (Washington, DC).
Conditions at the Cook County Jail in Chicago, Illinois that violate the constitutional rights of inmates are explained. This findings letter is comprised of the following sections: background; legal standings; findings regarding inadequate protection from harm; inadequate medical care; inadequate mental health care; inadequate fire safety; and inadequate sanitation and environmental conditions; and remedial measures.... Read More
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98 p.
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2008
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Second Amendment Settlement Agreement Between the United States of America and the State of Maryland Regarding Conditions at Three Juvenile Justice Facilities
U.S. District Court. District of Maryland (Baltimore, MD).
This Second Amended Settlement Agreement addresses the denial of particular constitutional rights of youth confined in three Maryland juvenile facilities -- Cheltenham Youth Facility, Charles H. Hickey, Jr. School, and Baltimore City Juvenile Justice Center (BCJJC). This document's sections are: introduction; definitions; substantive remedial measures -- in general, protection from harm (Cheltenham and Hickey deleted with BCJJC still included), suicide prevention (BCJJC with Cheltenham and Hick... Read More
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19 p.
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2008
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Settlement Agreement
U.S. Dept. of Justice. Civil Rights Division. Special Litigation Section (Washington, DC).
This settlement agreement between the U.S. and the Wilson County Jail regards certain conditions that violate the constitutional rights of those jailed. Sections comprising it are: introduction; definitions; substantive provisions covering medical care, mental health care, protection from harm, life safety and sanitation, and quality assurance; reporting requirements and rights of access; and construction, implementation, and termination.... Read More
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11 p.
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2008
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United States v Santa Fe County Adult Detention Center Settlement Agreement
U.S. Dept. of Justice. Civil Rights Division (Washington, DC).
A Settlement Agreement created to address the lack of compliance with a Memorandum of Agreement (MOA) dealing with rectifying violations of constitutional or statutory rights of prisoners is provided. Sections of this Agreement are: introduction; general provisions; definitions; substantive provisions -- medical and mental health care, suicide prevention, security and safety, quality management, and staff training and supervision; reporting requirements and right of access; monitoring and enfor... Read More
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45 p.
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2008
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Religious Discrimination in Prisons
U.S. Commission on Civil Rights (Washington, DC).
The problem of religious discrimination in correctional facilities is examined. Sections contained in this briefing are: introductory remarks by the Chairman; speakers' presentations -- "Panel 1 -- Free Exercise of Inmates' Religious rights vs. Prison Security" and "Panel 2 -- Free Exercise of Inmates' Religious Rights vs. Church State Separation"; questions by Commissioners and Staff Director; and briefing adjournment.... Read More
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162 p.
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2008
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Re: Investigation of the Oklahoma City Jail and Jail Annex, Oklahoma City, Oklahoma
U.S. Dept. of Justice. Civil Rights Division (Washington, DC).
Conditions that violated federal constitutional requirements are noted with recommendations for their improvement. Sections of this document are: description of the jail; legal framework; constitutional deficiencies -- insufficient protection from harm, inadequate health care services, deficient housing, sanitation, and environmental protections, and dangerous life and fire safety deficiencies; and recommended remedial measures.... Read More
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24 p.
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2008
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United States of America, Plaintiff v. State of Oklahoma et al., Defendants: Consent Decree
U.S. District Court. Northern District of Oklahoma (Tulsa, OK).
This Consent Decree resolves litigation concerning conditions of confinement that violate the constitutional rights of inmates at the L.E. Rader Center in Sand Springs, Oklahoma. Sections of this document are: introduction; definitions; substantive remedial measures for protection from harm, mental health care, including prevention of suicide and self-harm, and special education; investigations and quality assurance; compliance; oversight and enforcement; reporting requirements and right of acc... Read More
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31 p.
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2008
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C. Alan Powell, et al., Plaintiffs -- Appellees -- Cross-Appellants v. Sheriff Jacqueline Barrett, et. al., Defendants -- Appellants -- Cross-Appellees
U.S. Court of Appeals (11th Circuit).
The court finds that the "policy or practice of strip searching all arrestees as part of booking them into the general population of a detention facility, even without reasonable suspicion to believe that they may be concealing contraband is constitutionally permissible" and not a violation of the Fourth Amendment, "at least where the strip search is no more intrusive than the one the Supreme Court upheld in Bell v. Wolfish, 441 U.S. 520, 99 S. Ct., 1861 (1979)" p. 2.... Read More
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52 p.
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2007
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Jails and the Constitution: An Overview
By Collins, William C..
National Institute of Corrections. Jails Division (Washington, DC).
National Institute of Corrections. Jails Division (Washington, DC).
This publication "reviews the history of correctional law and summarizes the results and effects of major court decisions" (p. 4). Sections comprising this document include: introduction; history of court involvement; corrections and the Constitution in a new century; the Constitution and the physical plant; understanding Section 1983 lawsuits; how courts evaluate claims -- the balancing test; the First Amendment; the Fourth Amendment; the Eighth Amendment -- overview; the 8th Amendment -- use ... Read More
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93 p.
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2004
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Supermax Prisons and the Constitution: Liability Concerns in the Extended Control Unit
By Collins, William C..
National Institute of Corrections (Washington, DC).
A monograph "intended to help prisons operate ultra-high-security facilities in a way that minimizes liability in litigation" is presented (p. v). Section contained in this manual include: executive summary; introduction; supermax and case law background; mental health; medical services; other conditions of confinement; use of force; the 14th Amendment due process and placement; access to the courts; the First Amendment religion, speech, and the press; and closing thoughts.... Read More
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86 p.
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2000
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Proceedings of the Large Jail Network Meeting, January 2000
National Institute of Corrections. Jails Division (Longmont, CO).
This meeting focused primarily on topics related to the role of the jail in the local criminal justice system. Contents include: meeting highlights; justice system coordination and cooperation -- how the jail benefits and the system is improved; criminal justice coordination and cooperation; issues in defining and re-defining the jail's mission; role of the jail in contributing to the efficiency of the local criminal justice system; community oriented policing; roundtable discussion of implicati... Read More
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88 p.
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1998
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Jail Design and Operation and the Constitution: An Overview
By Collins, William C..
National Institute of Corrections (Washington, DC).
The Constitution protects inmates in jails and prisons, and this paper discusses the continuing challenge of deciding what those protections mean in practice and the struggle to assure that inmate rights are met. "Condition cases" have resulted in courts reducing jail populations and have a great impact on facility design and operation and the cost of operating a jail. Legal issues whose impact are primarily operational are also highlighted.... Read More
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77 p.
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1996
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Women in Jail: Legal Issues
By Collins, William C.; Collins, Andrew W..
National Institute of Corrections (Washington, DC).
National Institute of Corrections (Washington, DC).
Developed to assist jail administrators, this document reviews the major legal issues concerning female inmates, including those arising under the Equal Protection Clause of the Fourteenth Amendment, medical needs of women, and sexual harassment. It profiles the female inmate population and facilities, programs, and services generally available, and reviews caselaw of significance to jail administrators. ... Read More
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40 p.
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