The law and policy of sentencing and corrections in a nutshell /
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| Format: | Book |
| Language: | English |
| Published: |
St. Paul, MN :
Thomson/West,
c2005.
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| Edition: | 7th ed. |
| Series: | Nutshell series.
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Table of Contents:
- pt. 1. The law and policy of sentencing
- ch. 1. Introduction to sentencing
- A. The purposes of criminal sentences
- B. Proposals for reform
- ch. 2. Guilty pleas and plea bargaining
- A. Intelligent and voluntary guilty pleas
- B. Breaches of plea agreements
- C. Constraints on the government in offering incentives to plead guilty
- ch. 3. The sentencing process
- A. Rights during sentencing
- 1. The right to counsel
- 2. The rights to have access to and to rebut the presentence investigation report
- 3. The rights to make a statement to the sentencer and to present evidence
- 4. The rights to confrontation and cross-examination
- 5. The right to a statement of reasons for the sentence imposed
- 6. Standard of proof/jury trial
- 7. Double jeopardy
- B. Factors considered at sentencing
- 1. Criminal conduct and convictions
- 2. First Amendment limitations
- 3. False information
- 4. Unconstitutional convictions
- 5. Illegally obtained evidence
- 6. Victim-impact statements
- ch. 4. Sentencing statutes and guidelines
- A. Indeterminate sentencing statutes
- B. Determinate sentencing statutes
- 1. Determinate discretionary sentencing
- 2. Presumptive sentencing
- 3. Mandatory sentences
- C. Sentencing guidelines
- D. Ex post facto laws
- ch. 5. Community-based sanctions
- A. Community-based sentencing options
- 1. Probation
- 2. Day reporting centers
- 3. Home confinement and electronic monitoring
- 4. Economic sanctions
- 5. Community service
- B. Comprehensive and integrated corrections systems
- ch. 6. The death penalty
- ch. 7. Cruel and unusual punishment and noncapital cases
- A. Disproportionality claims
- B. Challenges regarding the nature of a criminal sanction
- 1. Shame sentences
- 2. Medical interventions
- ch. 8. Parole release and probation and parole revocation
- A. Probation and parole revocation
- 1. Due process
- 2. The Fifth Amendment privilege against self-incrimination
- 3. The Fourth Amendment
- 4. Policy issues
- B. Parole release
- ch. 9. Collateral sanctions and consequences
- A. The reintegration of released prisoners into society : practical obstacles
- B. The reintegration of released prisoners into society : legal obstacles
- 1. Employment restrictions and restrictions on government benefits
- 2. Restrictions on political rights
- 3. Restrictions on sex offenders : notification, registration, and civil-commitment laws
- C. Restoration of rights and other steps to limit collateral sanctions and consequences.
- pt. 2. The law and policy of corrections
- ch. 10. Prisoner's rights : an introduction
- A. history of prisoners' rights, a general overview
- B. The purposes of incarceration
- ch. 11. First Amendment rights
- A. Freedom of speech
- B. Freedom of association
- C. Freedom of religion
- ch. 12. Right of access to the courts
- ch. 13. Prison disciplinary proceedings
- A. Procedural due process
- B. Miranda and the privilege against self-incrimination in the correctional context
- ch. 14. Transfers, classification, and disparity in programming opportunities
- A. Procedural due process
- 1. Liberty interests
- 2. Procedural safeguards
- B. The Fifth Amendment privilege against self-incrimination
- C. Equal protection of the law
- ch. 15. Searches, seizures, and privacy rights
- A. The Fourth Amendment
- B. Right of privacy
- ch. 16. Due-process claims for personal injuries and property deprivations ; restrictions on inmate labor
- A. Due Process
- B. Restrictions on inmate labor
- ch. 17. Cruel and unusual punishment
- A. Medical and psychiatric care
- 1. The right to receive medical treatment
- 2. The right to refuse medical treatment
- B. Conditions of confinement
- C. Use of force and the protection of inmates.
- pt. 3. Prisoners' rights litigation
- ch. 18. The mechanics of litigating inmates' Section 1983 suits
- A. Filing a Section 1983 complaint
- 1. Elements of a cause of action under Section 1983
- 2. Bivens actions
- 3. Jurisdiction
- 4. Filing fees
- 5. Sufficiency of the complaint
- 6. The PLRA's "three-strikes" provision
- 7. Appointed counsel
- B. Affirmative defenses
- 1. Immunity
- a. Sovereign immunity
- b. Personal immunity
- 2. Statute of limitations
- 3. Mootness
- 4. Exhaustion of remedies
- ch. 19. Remedies
- A. Section 1983 suits
- 1. Damages
- 2. Equitable relief
- 3. Attorney's fees
- a. General rules
- i. Prevailing party
- ii. Reasonable attorney's fee
- b. Restrictions under the Prison Litigation Reform Act
- B. Modifying and terminating court orders
- C. Enforcing court orders through contempt proceedings and other means
- D. Other remedies.