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Preface | |
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Law and Corrections | |
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Law and the Context of Corrections | |
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The Need for Legal Rules | |
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The Growing Importance of Corrections Law | |
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The Forms of Law | |
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Constitutions | |
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Statutes | |
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Case Law | |
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Judicial Opinions | |
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Briefing a Case | |
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Regulations | |
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Legal Actions and the Courts | |
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Trial Courts | |
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Appellate Courts | |
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Prisoners and the Law | |
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Prisoners' Rights | |
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The Role of Courts | |
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Prisoners' Rights in American History | |
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Summary | |
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Key Terms | |
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Additional Readings | |
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Notes | |
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Prisoners' Legal Cases | |
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Types of Prisoner Cases | |
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Appeals | |
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Habeas Corpus | |
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Civil Rights Lawsuits | |
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Other Federal Civil Rights Statutes | |
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Alternatives to Litigation | |
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The Problems of Litigation | |
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Grievances Outside of Court | |
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Summary | |
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Key Terms | |
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Additional Readings | |
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Notes | |
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Decision Making in Prisoners' Cases | |
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The Decision-Making Process | |
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Prisoner Litigation in the Federal Courts | |
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A Picture of Habeas Corpus Cases | |
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A Picture of Prisoners' Section 1983 Civil Rights Lawsuits | |
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Corrections Law in Action | |
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Summary | |
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Key Terms | |
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Additional Readings | |
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Notes | |
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Access to the Courts and Communication Rights | |
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Access to the Courts | |
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Access to Legal Communications | |
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Access to Legal Resources | |
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Mail and Telephones | |
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Nonlegal Correspondence | |
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Telephone Contacts | |
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Contact with Visitors | |
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Visitors and Rights | |
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Contact with News Media | |
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Summary | |
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Key Terms | |
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Additional Readings | |
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Notes | |
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Prisoners' Personal Rights | |
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Freedom of Religion | |
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Free Exercise Issues | |
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Developments After O'Lone v. Estate of Shabazz | |
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Association Rights | |
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Prisoners' Unions | |
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Marriage and Family | |
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Searches | |
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Searches of Cells | |
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Searches of Persons | |
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Summary | |
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Key Terms | |
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Additional Readings | |
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Notes | |
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Discipline and Due Process | |
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Discipline and Rules in Prison | |
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Disciplinary Proceedings | |
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State-Created Liberty Interests | |
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Constitution-Based Due Process Rights | |
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The Rise and Fall of State-Created Liberty Interests | |
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Summary | |
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Key Terms | |
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Additional Readings | |
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Notes | |
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The Use of Force | |
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The Constitution and Officials' Use of Force | |
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The Fourth Amendment and the Use of Force | |
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The Use of Force in Corrections | |
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Corporal Punishment | |
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The Abolition of Corporal Punishment in Prisons | |
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Corporal Punishment in Other Contexts | |
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Acceptable Use of Force | |
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Justifications for the Use of Force | |
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Liability for Improper Use of Force | |
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The Use of Force in Contemporary Corrections | |
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Summary | |
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Key Terms | |
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Additional Readings | |
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Notes | |
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Conditions of Confinement: Prison Reform Litigation | |
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Prison Conditions and Constitutional Conflicts | |
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Prison Conditions Cases in the Federal Courts | |
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Remedies for Unconstitutional Prison Conditions | |
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The Results of Prison Reform Litigation | |
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Summary | |
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Key Terms | |
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Additional Readings | |
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Notes | |
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Conditions of Confinement: Legal Doctrines | |
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The U.S. Supreme Court and Conditions of Confinement | |
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Prison Medical Care and the Eighth Amendment | |
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Prison Conditions | |
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A Defense of Judicial Action in Prison Reform Cases | |
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Recent Developments | |
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Summary | |
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Key Terms | |
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Additional Readings | |
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Notes | |
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Probation, Parole, and Release | |
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Probation and Parole | |
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Rights of Probationers and Parolees | |
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Revocation of Probation and Parole | |
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Release from Correctional Supervision | |
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Entitlement to Freedom | |
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Civil Disabilities | |
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Summary | |
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Key Terms | |
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Additional Readings | |
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Notes | |
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Jails | |
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The Context of Jails | |
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Rights of Jail Inmates | |
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The Constitution and Jail Conditions | |
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Other Rights | |
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Protecting Jail Inmates Against Harm | |
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Summary | |
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Key Terms | |
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Additional Readings | |
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Notes | |
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The Law and Corrections Personnel | |
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Corrections Officers as Employees | |
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Employment Discrimination | |
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Other Employment Issues | |
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Corrections Officers and Liability | |
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Who Can Be Sued? | |
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The Basis for Lawsuits and Liability | |
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Summary | |
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Key Terms | |
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Additional Readings | |
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Notes | |
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Conclusion: Law's Impact on Corrections | |
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Notes | |
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Appendices | |
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The Bill of Rights and the Fourteenth Amendment to the U.S. Constitution | |
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Forms for Filing Prisoners' Civil Rights Lawsuits | |
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Forms for Filing Habeas Corpus Petitions | |
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Glossary | |
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Index | |