MODULE 24 Legal Aspects of Corrections

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MODULE 24Legal Aspects of Corrections
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LEGAL ASPECTS OF CORRECTIONS

• A. Objective
• 1. 058 Identify the current trend role
  of the correctional employee regarding
  enforcement of rules, regulations, and/or
  law in the correctional facility about
  constitutional rights of employees.

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LEGAL ASPECTS OF CORRECTIONS

• 2. 059 Describe the circumstances in
  which a correctional employee can be held
  civilly or criminally liable for actions
  which deprive others of their rights and
  what action to take if charges are filed.

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LEGAL ASPECTS OF CORRECTIONS

• 3. 132 Identify the current trend role
  of the correctional employees
  regarding enforcement of rules,
  regulations /or law in the
  correctional facility about
  constitutional rights of inmates
  addressing access to courts counsel.

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LEGAL ASPECTS OF CORRECTIONS

• 4. 133 Identify the current trend
  role of the correctional employees
  regarding enforcement of rules,
  regulations /or law in the
  correctional facility about
  constitutional rights of inmates
  addressing exercise of religion.

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LEGAL ASPECTS OF CORRECTIONS

• 5. 134 Identify the current trend role
  of the correctional employees
  regarding enforcement of rules,
  regulations /or law in the
  correctional facility about
  constitutional rights of inmates
  addressing correspondence visitation.

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LEGAL ASPECTS OF CORRECTIONS

• 6. 135 Identify the current trend role
  of the correctional employees regarding
  enforcement of rules, regulations /or law in
  the correctional facility about
  constitutional rights of inmates addressing
  access to the media.

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LEGAL ASPECTS OF CORRECTIONS

• 7. 136 Identify the current trend role of
  the correctional employees regarding
  enforcement of rules, regulations /or law
  in the correctional facility about
  constitutional rights of inmates
  addressing grievances.

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LEGAL ASPECTS OF CORRECTIONS

• 8. 137 Identify the current trend role of
  the correctional employees regarding
  enforcement of rules, regulations /or law
  in the correctional facility about
  constitutional rights of inmates addressing
  grooming attire.

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LEGAL ASPECTS OF CORRECTIONS

• 9. 138 Identify the current trend role
  of the correctional employees regarding
  enforcement of rules, regulations /or
  law in the correctional facility about
  constitutional rights of inmates
  addressing disciplinary methods.

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LEGAL ASPECTS OF CORRECTIONS

• 10. 139 Identify the current trend role of
  the correctional employees regarding
  enforcement of rules, regulations /or
  law in the correctional facility about
  constitutional rights of inmates
  addressing punitive isolation
  administrative segregation.

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LEGAL ASPECTS OF CORRECTIONS

• 11. 140 Identify the current trend role of
  the correctional employees regarding
  enforcement of rules, regulations /or
  law in the correctional facility about
  constitutional rights of inmates
  addressing investigation
  interrogations.

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LEGAL ASPECTS OF CORRECTIONS

• 12. 141 Identify the current trend role of
  the correctional employees regarding
  enforcement of rules, regulations /or law
  in the correctional facility about
  constitutional rights of inmates addressing
  inmate safety.

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LEGAL ASPECTS OF CORRECTIONS

• 13. 142 Identify the current trend role of
  the correctional employees regarding
  enforcement of rules, regulations /or
  law in the correctional facility about
  constitutional rights of inmates
  addressing medical treatment.

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LEGAL ASPECTS OF CORRECTIONS

• 14. 143 Identify the current trend role of
  the correctional employees regarding
  enforcement of rules, regulations /or
  law in the correctional facility about
  constitutional rights of inmates
  addressing use of force.

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LEGAL ASPECTS OF CORRECTIONS

• 15. 144 Identify the current trend role of
  the correctional employees regarding
  enforcement of rules, regulations /or law
  in the correctional facility about
  constitutional rights of inmates addressing
  searches (persons, places vehicles).

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LEGAL ASPECTS OF CORRECTIONS

• 16. 145 Identify the current trend role
  of the correctional employees regarding
  enforcement of rules, regulations /or law
  in the correctional facility about federal
  state court structure.

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LEGAL ASPECTS OF CORRECTIONS

• 17. 146 Identify the current trend role of
  the correctional employees regarding
  enforcement of rules, regulations /or
  law in the correctional facility about the
  courts role in correctional
  administration procedures.

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LEGAL ASPECTS OF CORRECTIONS

• B. Source Of Law
• 1. Expression of the public will
• 2. Our history
• 3. Common law
• 4. Statutory law

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LEGAL ASPECTS OF CORRECTIONS

• C. Rule of Law
• 1. Division (Separation) of Power
• 2. System of checks balances
• 3. The government of states

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LEGAL ASPECTS OF CORRECTIONS

• 4. The United States are divided into 3
  departments or branches
• a. Legislative-makes law
• b. Executive-carries out the law
• c. Judicial-interprets law adjudicates
  disputes under law

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LEGAL ASPECTS OF CORRECTIONS

• 5. Federal power is supreme
• 6. Maryland Law
• a. COMAR (Code of Maryland
  Regulations)

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LEGAL ASPECTS OF CORRECTIONS

• D. Corrections the Law
• 1. Constitutional rights of correctional
  employees
• 2. Enjoy same constitutional rights as other U.
  S. citizens
• 3. Agree to certain job-related limitations on
  rights as a condition of employment

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LEGAL ASPECTS OF CORRECTIONS

• E. Constitutional Right of Inmates
• 1. Enjoys the same constitutional rights as
  other U. S. citizens
• 2. Rights can be limited based upon the
  legitimate safety and security needs of
  institution

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LEGAL ASPECTS OF CORRECTIONS

• F. Inmate Rights Guaranteed Under the
• U. S. Constitution
• 1. First Amendment
• a. Access to courts counsel
• b. Freedom of religion
• c. Correspondence visitation
• d. Access to the media
• e. Grooming attire
• f. Filing of grievances

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LEGAL ASPECTS OF CORRECTIONS

• 2. Fourth Amendment
• (Protection against unlawful search
• seizure)
• a. Searches
• (person, places, vehicles)
• b. Purpose of Searches
• 1. Control/stop contraband

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LEGAL ASPECTS OF CORRECTIONS

• 3. Fifth Amendment
• (Protection against self incrimination
  double jeopardy guaranteed due process
  of law)
• a. Investigation interrogation

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LEGAL ASPECTS OF CORRECTIONS

• 4. Eighth Amendment
• a. Inmate safety
• b. Punitive isolation
  administrative segregation
• c. Medical treatment
• d. Use of force
• e. Disciplinary methods

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LEGAL ASPECTS OF CORRECTIONS

• 5. U. S. 42 C Section 1983
• a. Most civil suits brought by inmates
  against correctional employees have
  been brought under section 1983
• b. Inmate grievances
• c. Color of law

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LEGAL ASPECTS OF CORRECTIONS

• G. Court Structure
• 1. Federal Courts
• a. U.S. Supreme Court
• b. U.S. Circuit Court of Appeals
• c. U.S. District Court
• (only Federal trial court)

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LEGAL ASPECTS OF CORRECTIONS

• G. Court Structure
• 2. Maryland Courts
• a. Court of Appeals
• b. Court of Special Appeals
• c. Circuit Court
• d. District Court

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LEGAL ASPECTS OF CORRECTIONS

• H. Negligence Liability
• 1. Elements of negligence
• a. Duty
• b. Breach
• c. Proximate cause
• d. Damages

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LEGAL ASPECTS OF CORRECTIONS

• I. Three Levels of Negligence
• 1. Negligence failure to do something which
  a reasonable man would do or doing something
  which a reasonable prudent man would not
  do.

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LEGAL ASPECTS OF CORRECTIONS

• a. Gross negligence intentional failure
  to perform a duty in reckless disregard of
  the consequences as affecting the life or
  property of another.
• 1. Gross negligence consists of
  conscious voluntary acts or
  commissions which are likely to result in
  grave injury

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LEGAL ASPECTS OF CORRECTIONS

• b. Willful negligence intentionally does an
  act of an unreasonable character in disregard of
  risk known to him/her or so obvious that he/she
  must be taken to have been aware of it, and so
  great as to make it highly probable that harm
  would follow.

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LEGAL ASPECTS OF CORRECTIONS

• 1. Willful negligence is usually
  accompanied by a conscious
  indifference to the consequences,
  amounting almost to willingness that they
  should follow.

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LEGAL ASPECTS OF CORRECTIONS

• Liability
• 1. Definition failure to carry out a
  duty for which one is held legally
  accountable
• 2. Types of Liability
• a. Direct Liability
• b. Vicarious Liability

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LEGAL ASPECTS OF CORRECTIONS

• K. Legal Duties of Correctional Officers
• 1. Follow policies procedures
• a. Avoid liability
• b. Use of Force
• c. Conditions for the use of force

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LEGAL ASPECTS OF CORRECTIONS

• 2. Conditions for the use of force
• a. Self-defense
• b. Defense of others
• c. Prevent crimes
• d. Enforce rules regulations

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LEGAL ASPECTS OF CORRECTIONS

• 3. Types of force
• a. Non-deadly
• b. Deadly
• 4. Documentation
• What to do if you are sued
• Court involvement in Correctional Administration