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2012
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Documentary Disenfranchisement
By Allen, Jessie.
University of Pittsburgh. School of Law (Pittsburgh, PA).
Documentary disenfranchisement is the “permanent enforcement of nominally temporary voting bans … accomplished through election officials’ demands for nonexistent eligibility documents from people with criminal convictions” (p. 391). Individuals working with ex-offenders that are under a temporary ban from voting should read this article to become acquainted with case law that may impact their clients. Sections of this article include: introduction; background—the standard picture of felony dise... Read More
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77 pages
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2011
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Voting Behind Bars: An Argument for Voting by Prisoners
By Mauer, Marc.
“This Essay makes the argument that felony disenfranchisement policies are inherently undemocratic no matter how applied, including for persons serving prison sentences” (p. 550). This article is divided into six parts: overview of felony disenfranchisement in the U.S.; the modern-day movement for disenfranchisement reform; challenging prisoner disenfranchisement—the philosophical debate; disenfranchisement of prisoners is counterproductive for democracy and public safety; international perspect... Read More
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18 pages
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2010
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Muhammad Shabazz Farrakan et al, Plaintiffs-Appellants v. Christine O. Gregoire et al, Defendants-Appellees; No. 06-35669
U.S. Court of Appeals (9th).
“Plaintiffs, minority citizens of Washington state who have lost their right to vote pursuant to the state’s felon disenfranchisement provision, filed this action in 1996 challenging that provision on the ground that, due to racial discrimination in the state’s criminal justice system, the automatic disenfranchisement of felons results in the denial of the right to vote on account of race, in violation of § 2 of the Voting Rights Act (“VRA”), 42 U.S.C. § 1973…We reverse and grant summary judgmen... Read More
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51 p.
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2010
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Hearing on: H.R. 3335, the "Democracy Restoration Act of 2009"
U.S. Congress. House of Representatives. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Civil Liberties (Washington, DC); LexisNexis. CQ Transcriptions (Washington, DC).
Access to an often enthusiastic discussion on felons’ right to vote can be accessed at this website. A video webcast and witness testimonies are available. A transcript of the hearing is also available from The Sentencing Project.... Read More
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1 p. + 39 p.
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2010
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Prisoners Rights Resources
By Moreland, Margaret R..
Pace Law School Library (White Plains, NY).
A collection of links and other information about prisoners' rights can be found at this website. Resources are organized into the following topical areas: substantive law—international, federal, state, foreign, and Council of Europe; procedural law—due process, federal, state, exhaustion of remedies, and remedies; commentary—research guides, statistics, reports and articles, online resources, agencies, and organizations; censorship; classification; conditions of confinement; cruel and unusual ... Read More
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33 p.
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2010
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Prisoners' Right to Read: An Interpretation of the Library Bill of Rights
American Library Association (Chicago, IL).
This document explains why inmates have a right to particular forms of information while incarcerated.... Read More
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2 p.
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2010
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Political Consequences of the Carceral State
By Weaver, Vesla M.; Lerman, Amy E..
This study is “the first systematic empirical exploration of how criminal justice involvement shapes the citizenship, political capital, and political voice of a growing swath of Americans” (p. 2). These sections follow and abstract: the political impact of the carceral state; characterizing the punitive intervention; understanding how the carceral state shapes citizenship; data and measures; results for the relationship between custodial involvement and political attitudes and behavior, reduced... Read More
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59 p.
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2010
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Expanding the Vote: State Felony Disenfranchisement Reform, 1997-2010
By Porter, Nicole D..
The Sentencing Project (Washington, DC).
An overview of felony disenfranchisement policy reform by state is provided. Since 1997 there have been 23 states that have “amended felony disenfranchisement policies in an effort to reduce their restrictiveness and expand voter eligibility” (p. 1).... Read More
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32 pages
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2010
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Collateral Consequences of Criminal Convictions: Confronting Issues of Race and Dignity
By Pinard, Michael.
The impact of the loss of certain rights upon an individual’s release from incarceration is examined. “These consequences include ineligibility for public and government-assisted housing, public benefits, and various forms of employment, as well as civic exclusions such as ineligibility for jury services and disenfranchisement” (p. 459). This article is divided into the following parts: a comparative approach to collateral consequences; collateral consequences in the U.S. and the comparison coun... Read More
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78 pages
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2009
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Still Voteless and Voiceless in Florida: Florida's Continuing Disfranchisement Crisis
By Lewis, Muslima.
ACLU of Florida (Miami, FL).
Problems with Florida's restoration of civil rights (RCR) process are described. Sections in addition to an executive summary include: felony disfranchisement in Florida; The ACLU Survey; results for county election employees confusion regarding disfranchising offenses and requirements for RCR, imposition of unnecessary documentation requirements for voter registration, misunderstanding RCR, and voter purging; and six recommendations for addressing felony disfranchisement.... Read More
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16 p.
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2009
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U.N. Optional Protocol to the Convention Against Torture
Just Detention International (JDI) (Los Angeles, CA).
Problems with the United States' nonratification of the Optional Protocol to the Convention Against Torture (OPCAT) are clarified. In particular, "the U.S. is lagging dangerously behind [Canada, the European Union, and South Africa] in allowing the vigorous scrutiny needed to protect inmates from abuse" (p. 1).... Read More
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2 p.
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2009
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Prisoner Rape is Torture Under International Law
Just Detention International (JDI) (Los Angeles, CA).
Since the U.S. has ratified the Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment (CAT) and the International Covenant on Civil and Political Rights (ICCPR), the "sexual assault of prisoners, whether perpetrated by corrections officers or by other inmates, amounts to torture under international law" (p. 1). This assertion is explained by this document.... Read More
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2 p.
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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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2008
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Breaking the Barriers to the Ballot Box: Felon Enfranchisement Toolkit
American Civil Liberties Union Foundation. Right to Vote (New York, NY).
Guidance is provided for those who wish to successfully implement a felon enfranchisement policy reform. Sections of this tool kit explain: components of successful felon enfranchisement policy reform; policy reform goals and strategies; recent successful policy reforms; components of model legislation and pressure to create exceptions; legislating notice and voter registration; working with corrections, parole, and probation; executive reform; comparing your state the surrounding states; and co... Read More
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70 p.
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2008
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Restoring the Right to Vote
By Wood, Erika.
New York University School of Law. Brennan Center for Justice (New York, NY).
An automatic post-incarceration voting rights restoration is proposed. This report has these sections: introduction; the case for restoration -- building a stronger democracy, advancing civil rights, ending second-class citizenship, aiding law enforcement, empowering families and communities, and assuring fair and accurate voter rolls; the time is now; policy recommendations; and the components of a Voting Rights Restoration Bill.... Read More
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34 p.
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2008
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Expanding the Vote: State Felony Disenfranchisement Reform, 1997-2008
By King, Ryan S..
The Sentencing Project (Washington, DC).
The impact of changing felony disenfranchisement at the state level is assessed. Since 1997, "19 states have amended felony disenfranchisement policies in an effort to reduce their restrictiveness and expand voter eligibility" (p. 1). These states are Alabama, Connecticut, Delaware, Florida, Hawaii, Iowa, Kentucky, Louisiana, Maryland, Nebraska, Nevada, New Mexico, North Carolina, Rhode Island, Tennessee, Texas, Utah, Virginia, and Wyoming.... Read More
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29 p.
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2008
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Do No Harm: An Analysis of the Legal and Social Consequences of Child Visitation Determinations for Incarcerated Perpetrators of Extreme Acts of Violence Against Women
By Conner, Dana Harrington.
The right of a male batterer to visit his child(ren) is discussed. Sections of this paper include: introduction; defining the issues; the problem of prison visitation determinations; rights versus interests; in search of a standard -- the court's choice, parent and child relations, and the nature of the crime; factors for considerations in prison visitation cases -- legal presumption, best interest, trauma to the child(ren), and supervision and transportation; the response of the community; and... Read More
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81 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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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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1997
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Proceedings of the Large Jail Network Meeting, January 1997
National Institute of Corrections. Jails Division (Longmont, CO).
This meeting focused on two issues: privatization of correctional facilities and the Prison Litigation Reform Act of 1996. Ten presenters provide arguments for and against privatization. Political environment, contract terms, personnel, cost of operation, monitoring, and accountability are highlighted. The Prison Litigation Reform Act is explained and commented upon by two attorneys, Lynn Lund and William Collins. Appendices include the meeting agenda and list of participants.... Read More
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52 p.
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1987
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Basic Guide to Mental Health Services in Jails: The Workbook
By Lloyd, Lillis M..
Correctional Management Consultants (Phoenix, AZ); National Institute of Corrections (Washington, DC).
Areas addressed include history of mental health in jails, major types of mental disorders, personality disorders, suicide awareness/prevention, and liability and negligence. Length of training is sixteen hours. Audience includes correctional professionals such as officers, mental health staff, social workers, counselors, nurses, and intake and classification workers. The training package consists of a one-volume manual.... Read More
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120 p.
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