Rendering Turner Toothless: The Supreme Court’s Decision in Beard v. Banks

The Supreme Court has long recognized that prisoners' constitutional rights must be balanced against the need for deference to the decisions of prison administrators when prisoners' rights are restricted incident to their incarceration. The Court, however, has never explicitly recognized a...

Descripción completa

Guardado en:  
Detalles Bibliográficos
Autor principal: Wimsatt, Jennifer N. (Autor)
Tipo de documento: Electrónico Libro
Lenguaje:Inglés
Publicado: 2008
En:Año: 2008
Acceso en línea: Volltext (kostenfrei)
Verificar disponibilidad: HBZ Gateway
Palabras clave:
Descripción
Sumario:The Supreme Court has long recognized that prisoners' constitutional rights must be balanced against the need for deference to the decisions of prison administrators when prisoners' rights are restricted incident to their incarceration. The Court, however, has never explicitly recognized a theory of proper incarceration, yet it has implicitly adopted such a theory through its decisions regarding the constitutionally permitted level of restriction on particular prisoners' rights. This Note argues that the Court's prisoners' rights jurisprudence evinces a particular definition of proper incarceration and then reads the multiple opinions in Beard v. Banks consistently with that theory