Due process and decisions about where prisoners live

by | Mar 23, 2022 | Criminal Law

MODULE 5: DUE PROCESS AND DECISIONS ABOUT WHERE PRISONERS LIVE: CLASSIFICATION, TRANSFERS, AND PLACEMENT IN ADMINISTRATIVE SEGREGATION (AKA SPECIAL HOUSING UNIT/RESTRICTIVE HOUSING)

LISTEN TO: COMMENTARY ON MODULE 5

READ:

1) Chapter 7 in the textbook

2) To see the classification policies in Texas, see the Texas Department of Criminal Justice-Institutional Division Offender Orientation Handbook, pages 5-10:

https://www.tdcj.texas.gov/documents/Offender_Orientation_Handbook_English.pdf

3) To see a helpful summary of the Texas policies, prepared for prisoners and their families, see: TDCJ Inmate Transfers, Texas Criminal Justice Coalition: https://www.texascjc.org/system/files/publications/TDCJ%20Inmate%20Transfers%20%28June%202012%29.pdf

Module 5 Assignment (due 3/23, no later than 11:59 pm)

Worth a maximum of 22.5 points toward the final grade

QUESTION 1

In your own words, explain the U.S. Supreme Court’s decisions (Hewitt v. Helms, Sandin v. Connor, and Wilkinson v. Austin) about the state created liberty interest doctrine and assigning prisoners to administrative segregation. Mention the title of the Court’s decision and explain what the Court decided. Do not rehash the facts of the cases. Focus on the important holdings that set precedent for future cases that might come up about administrative segregation placements. Focus on how the Court’s analysis evolved from case to case to case. Minimum 2 typed, double-spaced pages.

Remember that the title of court cases must be underlined or in italics.

QUESTION 2

One hundred and fifty prisoners in state prisons in Idaho have been transferred to a state prison in Texas because the Idaho system is overcrowded and has no space for them. The state of Idaho will pay Texas to house their inmates until beds in Idaho are available. That may take several years because the state legislature will have to vote to appropriate additional funds to the Idaho system and then the space will have to be built. Texas has decreased its prison population over the last few years and has the beds available. It will be extremely difficult for the Idaho prisoners housed in Texas to visit with family and friends. There are rehabilitation programs available in the Idaho system that are not available in Texas. There are rumors that the Texas inmates who are housed with the Idaho inmates are not receptive to the situation. The Idaho inmates in Texas decide to file a lawsuit. Analyze their chances for success. 1 page minimum.

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