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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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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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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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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. The title: Jails and the Constitution: An Overview (#0... 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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