Dr. William Bourns                                     See Office Hours on Door
Department of Sociology/Criminal Justice      or
Room: C207-B                                               Leave message on voice mail,
Phone: 209/664-6722                                      e-mail, or in my mail box in the
E-Mail: WBourns@stan.csustan.edu              office. I am also available before
                                                                        and after class.

TEXTS:

Book #1 — Required
Correctional Law for the Correctional Officer, 3rd edition
William C. Collins, J.D., American Correctional Association, Baltimore, MD. 2001

Book #2 — Required
Legal Aspects of Corrections Management, 1997
Clair A. Cripe, Aspen Publications, Inc.

Book #3 — Required
Life Without Parole: Living in Prison Today, 2nd edition 1999
Thomas Bernard, Richard McCleary, Richard Wright, Roxbury Publishing

Book #4 — Recommended
Constitutional Rights of Prisoners, 6th edition 1999
John W. Palmer and Stephen E. Palmer, Anderson Publishing Co.

COURSE DESCRIPTION:

Using a case study approach, the new and developing field of applied correctional law deals with the rights, responsibilities, and liabilities of correctional personnel working in county, state or federal capacities. Details differences, which occur depending on the status of the offender, i.e., juvenile or adult, county or state, probation or parole, and defendant or prisoner, Prerequisite: CJ 2250, CJ 3130 or consent of instructor.

PURPOSE OR OBJECTIVE OF THE COURSE:

1. To acquaint pre-entry students with Correctional Law especially rights of inmates
2. To introduce the basic case law of prisoners rights taken from U.S. Supreme Court cases on the first, fourth, fifth, sixth, eighth and fourteen amendments.
3. To introduce students to the major issues in correctional law.

EXPECTATIONS OF STUDENTS:

• Attendance and participation in the classroom
• Read all assigned material and participate in a lecture-discussion format
• Completion of all exams at the time they are scheduled
• Completion of student assignments and group project assignment by due date

GRADING:

1. Hour Exam I (multi-choice and short-answer) 100 points
2. Hour Exam II (multi-choice short-answer) 100 points
3. Everyone Case Assignment 15 points
4. Individual Case Assignment(s) 15-30 points
5. NCJRS Assignment (group) 15 points
6. ACA Prison Standards Assignment (group) 20 points
7. Prisoner Religion Assignment (group) 20 points
8. Final Exam: Case Study (In Class) 200 points
TOTAL 500 points

Standard Deviation +3 to +2 A
Standard Deviation +2 to +1 B
Standard Deviation +1 to —1 C
Standard Deviation —1 to —2 D
Standard Deviation —2 to —3 F

PLEASE NOTE: Your letter grade for the course is based upon your total accumulation of points. A perfect score would be 500 points. An average score would be half of this or 250 points. Your letter grade will not be known until the final class points mean is computed and then placed into a grade curve (based upon standard deviation units). Remember: You will not get letter grades during the course (you accumulate points). The plus and minus grading option will not be used in this course.

TERM PAPER:

After reading Life Without Parole, you will write a 4-6 page paper. The first page or so of the paper will consist of a brief summary of the book. In the remaining pages, you will compare the experiences of the people in the book to the cases and issues we have discussed in class. You will be graded on the thoughtfulness and accuracy of your observations, as well as on the quality of your writing. This paper must be typed and doubled-spaced, with normal margins and a 12-point font. It is due MAY 17TH. Points will be deducted for late papers. 100 points (see grading)

MAKE-UP EXAMS:

With appropriate documentation, such as any of the following, a student may take a missed hour exam:

CASE BRIEFING:
The instructor will assign students at random to orally brief the assigned cases. If you are absent on the day of your presentation, or if you are unprepared to brief the case, your grade will be adversely affected. Due to the size of the class, you will likely be given only one or two chances to brief. It is vital, therefore, that you come to class prepared. 15-30 points. (see grading)

ELECTRONIC DEVICES:

Please turn off all cell phones and pagers during class.

PLAGIARISM:

All perspective criminal justice students fall under a Code of Ethics. For future police officers the IACP (International Chiefs of Police) has a code and for juvenile and corrections the American Correctional Association (ACA) has one. Sociologists also have a well-developed code of ethics. Plagiarism violations (the incorporation of another's work into your own without citation of the source) are part of these codes. When you apply to work in the criminal justice system, pre-investigators do a background check including talking with your criminal justice professors. Don't be caught plagiarizing. Plagiarism is a violation of the student code of ethics. If in doubt, cite the source(s).

ATTENDANCE:

Good scholars are good class attenders. Much of the material on exams is from class lectures and not in your book(s). Classroom attendance and class participation can help to make the difference from a marginal grade moved upwards toward a better grade. Students are expected to attend 80% of all classes. Students who miss 4 or more classes on a Tuesday-Thursday schedule or who miss 6 or more classes on a Monday-Wednesday-Friday schedule will have their grade lowered.

WORKING IN A GROUP:

Please note the class schedule for dates due for group presentations. All students are expected to take part in a group presentation. Released class time will be made available for group meetings. All students expected to attend group meetings and do their share of the work within the group.

A group evaluation by the instructor will be made for each group and each group member will evaluate him/herself and all other members of his/her group. A combination of the instructor's ranking (up to 50 points) and a peer group member ranking (up to 50 points) will be made in order to determine a group grade. If you have low points, you have a chance to improve your score by helping the group do an excellent paper and presentation.

APA Reference Web Sites:
http://www.vanguard.edu/pshchology/apa.html

APA style essentials
http://www.apa.org/journal/webref.html

NMSU Library
Electronic Reference Formats
Recommended by American Psychological Association
http://www.webster.commnet.edu/apa/apa_index.html
APA Citations (Webster University)
http://www.library.uscu.edu/library/ref/instruction/refguides/apa.html
USCS Library Reference System
APA Style Citations and References

Burden of Proof: Civil v. Criminal
Rule of Law
The need for legal rules: Justice without rules
"Color of Law"
"Authority of Law"
American Common Law — Reasonableness
Equitable relief — petition court
Precedent — stare decisis
Case Law
American Courts — Adversarial
Civil Court and Criminal Court
Burden of Proof: Preponderance of Evidence verses Proof Beyond Reasonable Doubt

Readings: Cripe;, Chapter #1 -- Collins, Chapter #1 -- Lecture

Unit #2 - Legal Foundation of Law - U.S. Constitution — 1-10 Amendments

14 Amendment: Due Process
The U.S. Constitution — "We the People ..."
Framers — looked upon as criminals of England
Minority decent — TWO SIDES
"Bill of Rights"
14th Amendment: The Second U.S. Constitution?
Doctrine of Incorporation
Rights of prisoners within the first 10 amendments
Prisoners and Due Process of 14th Amendment
1st Amendment: Religion - Free speech - Communications (written and oral) in prison
5th Amendment: Self-discrimination
6th Amendment: Speedy and public trial and informed of nature and cause of accusation
8th Amendment: Cruel and Unusual Punishment
14th Amendment: Due Process
State Penal Codes and Statutes
State Regulations and Standards
The Interstate Agreement and Compacts
Agreement on Detainers
Extraditions of prisoners
Transfer of prisoners Inter/Intra state
Out-of-state Parolee Supervision
Uniform Crime Victims Reparation Act

Readings: Cripe Chapter #1 -- Cripe, Chapter #5 -- Cripe, Chapter #17 -- Collins,

Chapter #11 -- Lecture

Unit #3 — Trial Courts — Appellate Courts

Courts of Last Resort
Federalism — separation of powers and courts
Steps to the U.S. Supreme Court
Trial Courts
Appeal Courts
Courts of Last Resort
Steps to the U.S. Supreme Court
Wrist of certiorari petitions
Role of the Courts in interpreting the law and Constitutional safe guards
Prisoner access to courts

Readings: Cripe, Chapter #2 -- Cripe, Chapter #4 -- Collins, Chapter #4

Unit #4 — Citations — Looking Up Cases

Lexes Nexus and other computer searchers
CASE Law Research
Opinion of Court
dissenting opinion
concurring opinion
Parts of the citation
Briefing a case
Individual (Everyone) Exercise:
Rummel v. Estelle, 445 U.S. 263 (1980)

Readings: Cripe, Chapter #4 -- Lecture

Unit #5 — Types of Prisoner Cases - Habeas Corpus

Appeals
Habeas Corpus
Civil Rights Law Suites (note:1983 law suites covered in later unit)
Alternatives to Litigation
Problems of Litigation
TORTS
Unit of Mandamus
Declaratory Judgment
Appeal of Probation and Parole Boards
Administrative law appeal
Innate Grievances
Access to Courts
Gideon v. Wainwright (1963)
Jailhouse lawyers
Johnson v. Avery, 393 U.S. 483 (1969)
Lewis v. Casey, 116 S.Ct. 2174 (1996)
Law Libraries — Legal Assistance

Readings: Collins, Chapter #2 -- Collins, Chapter #3 -- Cripe, Chapter #3

Unit # 6 — Correctional Law

Hands off — Hands On -- One Hand-On and One Hand-Off
Hands-off: Early to Mid 1900's
Separation of Power
Federalism
Maintenance of Institutional Security
Ruffin v. The Commonwealth of Virginia, 62 VA. (21 Gratt) 790 (1871)
"Slave" in prison
"A naked man in claims posses no risk"
Valentine v. Englehardtt, 472 F. Supp. 1039 (D.N.J.) 1980 (1979)
Hands-On: Warren Court 1953-1969 to protect the Constitutional Rights of
Disfavored Minorities
Miranda v. Arizona (1966)
Mapp v. Ohio (1961)
exclusionary rule due process applicable to states
Discarding the "hand-off" doctrine
Discarding the "iron curtain of separation of and U.S. Constitution
Wolff v. McDonnell, 419 U.S. 539 (1974)
Ex parte Hull, 312 U.S. 546 (1941)

Readings: Cripe, Chapter #3 -- Cripe, Chapter #6 -- Collins, Chapter #5

Unit #6A (continued)

Johnson v. Avery, 393 U.S. 482 (1969) see unit 4 also
Bounds v. Smith, 430 U.S. 817 (1977)
Lewis v. Casey, 64 U.S. L.W. 4587 (1996)
Murry v. Giarratano, 492 U.S. 1 (1989)
Standards and Regulations in prisons and jails
Wolf v. Martinez, 418 U.S. 539 (1974)
One Hand On-One Hand-Off: Burger Court 1969-1986
move back from liberalism of the court "Courts shouldn't meddle" defense
"retaliation programs: not a right but..."
The Prison Litigation Reform Act (PLRA) 1995
Title 18 U.S. Code, Section 3626 (b) (2)
Court review of prisons — Federal Judge run prisons — Oklahoma
Bivens Type Actions (Soverign Immunity)
Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971)
Bivens General Actions

Reading: Cripe, Chapter #3 -- Cripe, Chapter #6 -- Collins, Chapter #5

Unit #7 — The Balancing Test: Inmate Rights versus Institutional Safety Types of Prisons

Placement
PSI: Pre-Sentence Investigations
Punishment: historical to modern ideology
Types of Prisons — Min. Medium — Max
Notorious Prisons: Alcatraz
Sing Sing
Jails

Readings: Collins, Chapter #5 -- Cripe, Chapter #19

Unit #8 — Prisoners in the United States

NIJ/NCJRS Data and Data Sources
Federal Bureau of Business
ACLU and Prisoners
American Correctional Association (ACA)
Bed Space
Profiles of different types of prisoners
NCJRS Assignment (Group Exercise)

Readings: NIJ Web Site -- OJS Web site -- Lectue

Unit #9 — Inmate Discipline/Cell Searcher and Seize of Property

Searches in Prison
Strip Searches (male to male and female to female -- male on female and female on male)
Pat Down Searches and other Inmate Searches
Visitor Searches
Hudson v. Palmer, 468 U.S. 517 (1984)
Bell v. Wolfish, 441 U.S. 520 (1979)
Lanza v. New York, 370 U.S. 139 (1962)
United States v. Hearst, 563 F.Zd 1331 (9th Cir. 1977)
Inmate Discipline and Punishment
Fifth and Fourteenth Amendments as applied to discipline/punishment
Importance of Inmate/Correctional officer safety
Importance of Inmate and Correctional Officer safty
How Prison Discipline Works
Use of Force on Prisoners
Deadly Force
Self-Reference
Enforcement of Prison Rules and Discipline
Preventing Escapes
Documentation of use of force on prisoners
Confidential Informants
Appendix (Cripe) A Inmate Rights and Responsibilities
Appendix (Cripe) B Prohibited Acts and Displinary Severity Scale
"Graddaddy Case" Wolff v. McDonnel, 418 U.S. 539 (1974) see also Unit 6
Sandin v. Conner, 515 U.S. , 132 L. Ed.zd 418,115 Sct 2293 (1995)
Baxter v. Paligiano, 425 U.S. 308 (1976)
Superintendent of the Massachusetts Correctional Institution at Walpole v. Helms, 472 U.S. 445 (1985)

Readings: Collins, Chapter #10 -- Cripe, Chapter 10 -- Cripe, Chapter #10 -- Cripe,

Chapter #11

Unit #10 — Prison and Jail Standards

American Correctional Associations Standards
Jail Standards
Boot Camp Standards
Prison Standards
Jails
Corrections Statutory and Administration Law
ACA Prison Standards Assignment (Group Exercise)

Readings: Cripe, Chapter #19 -- Cripe, Chapter 17

Unit #11 — Correctional Employee Liability and Litigations

How a Law Suite Works
Indemnity
Negligence: Simple versus Gross
"Color of Law" — "Color of Authority"
Supervisor Liability
Failure to Train
Failure to Supervise
American Disabilities Act (ADA)

Readings: Collins, Chapter #12 -- Collins, Chapter #13 -- Collins, Chapter #15 --

Cripe, Chapter 18

Unit #12 — Section 1983 Law suites — Guards and Prisoners

Title 42 U.S. Code, Section 1983
Sovereign Immunity erodes away
Official Immunity — Absolute — Qualified
Bivens Type Actions
Statue of Limitations

Readings; Cripe, pages 25-27 -- Lecture

Unit #13 — Correctional Officer Rights

Union and Professional Associations
Contacts
Civil Service Laws
Affirmative Action — Discrimination
Sexual Harassment
Urine Testing
Polygraph tests
Employee Discipline

Readings: Collins, Chapter #8

Unit #14 — First Amendment Prisoner Rights: Inmate Mail and Telephone

Procunier v. Martinez, 416 U.S. 396 (1974)
Wolff v. McDonnell, 418 U.S. 539 (1974) see also Unit 6
Turner v. Safley, , 482 U.S. 78 (1987)
Thornburgh v. Abbott, 490 U.S. 401 (1989)
Procunier v. Navarette, 434 U.S. 555 (1978)
Bell v. Wolfish, 441 U.S. 520 (1979) see also unit 9

Readings: Collins, Chapter #6 -- Cripe, Chapter #7

Unit #15 — First Amendment Prisoner Rights: Association Rights and Visiting

Restrictions on Who Can Visit Prisoners
Kentucky Department of Corrections v. Thompson, 490 U.S. 454 (1989)
Freedom of Association — Communication and Union Formation
Jones v. North Carolina Prisoners' Labor Union, 433 U.S. 119 (1977)
Inmate Visits
Block v. Rutherford, 468 U.S. 576 (1984)
News Media Association
Pell v. Procunier, 417 U.S. 817 (1974)
Saxbe v. Washington Post Company, 417 U.S. 843 (1974)
Houchins v. KQED, Inc., 438 U.S. 1 (1978)

Readings: Cripe, Chapter #8 -- Collins, Chapter #6

Unit #16 — First Amendment Prisoner Rights: Religion

Establishment of Religion
Cruz v. Beto, 405 U.S. 319 (1972)
Freedom of Exercise Religion in Prisons
O'Lone v. Shabazz, 482 U.S. 342 (1987)
Prisoner Religion Assignment (Group Exercises)

Readings: Cripe, Chapter #9 -- Collins, Chapter #6

Unit #17 — Eighth Amendment Prisoner Rights: Conditions of Confinement and Cruel and Usual

Death Penalty
Furman v. Georgia, 408 U.S. 238 (1972)
Overcrowding in Prisons and Jails
Bell v. Wolfish, 441 U.S. 520 (1979) see also Unit 14
Rhodes v. Chapman, 452 U.S. 337 (1981)
Whitley v. Albers, 475 U.S. 312 (1986)
Wilson v. Seiter, 501 U.S. 294 (1991)
Hudson v. McMillian, 503 U.S. 1 (1992)
Farmer v. Brennan, 511 U.S. 825 (1994)
Helling v. McKinney, 509 U.S. 25 (1993)

Readings: Collins, Chapter #8 -- Cripe, Chapter #14

Unit #18 — Eighth Amendment Prisoners Rights: Health Care

Governing Constitutional Case on Providing Health Care
Estelle v. Gamble, 429 U.S. 97 (1976)
Deliterate Indifference
West v. Atkins, 487 U.S. 42 (1988)
Private Community Treatment
Washington v. Happer, 494 U.S. 210 (1990)
Inmate Suides
Logue v. United States, 412 U.S. 521 (1973)
HIV and Aids

CASE DATE NAME

Rummel v. Estelle, 445 U.S. 263 (1980) Everyone

Johnson v. Avery, 393 U.S. 483 (1969)

Lewis v. Casey, 116 S.ct. 2174 (1996) In Class

Ruffin v. the Commonwealth of Virginia, 62 Va. (21 Grath) 790 (1871) In Class

Valentin v. Englehardtt, 492 F. Supp. 1039, D.N.J. (1980)

Miranda v. Arizona (1966) In Class

Mapp v. Ohio (1961) In Class

Wolff v. McDonnel, 418 U.S. 539 (1974)

Exparte Hull, 312 U.S. 546 (1941)

Bounds v. Smith, 430 U.S. 817 (1977)

Lewis v. Cassey, 64 U.S.L.W. 4587 (1996)

Murry v. Giarratano, 492 U.S. 1 (1989)

Wolf v. Martinez, 418 U.S. 539 (1974)

Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971

Hudson v. Palmer, 468 U.S. 517 (1984)

Bell v. Wolfish, 441 U.S. 520 (1979)

Lanza v. New York, 370 U.S. 139 (1962)

Baxter v. Paligiano, 425 U.S. 308 (1976)

Superintendent v. Helms, 472 U.S. 445 (1985)

Procunier v. Martinez, 416 U.S. 396 (1974)

Turner v. Safley, 482 U.S. 78 (1987)

Thornburgh v. Abbott 490 U.S. 401 (1989)

Procunier v. Navarette, 434 U.S. 555 (1978)

Kentucky Dept. of Corrections v. Thompson, 490 U.S. 454 (1989)

Jones v. North Carolina Prisoners' Labor Union, 433 U.S. 119 (1977)

Block v. Rutherford, 468 U.S. 576 (1984)

Pell v. Procunier, 417 U.S. 817 (1974)

Saxbe v. Washington Post Company, 417 U.S. 843 (1974)

Houchins v. KQED, Inc. 438 U.S. 1 (1978)

Cruz v. Beto, 405 U.S. 319 (1972)

O'Lone v. Shabazz, 482 U.S. 342 (1987)

Rhodes v. Chapman, 452 U.S. 337 (1981)

Whittley v. Albers, 475 U.S. 312 (1986)

Wilson v. Selter, 501 U.S. 294 (1991)

Hudson v. McMillian, 503 U.S. 1 (1992)

Farmer v. Brennan, 511 U.S. 825 (1994)

Helling v. McKinney, 509 U.S. 25 (1993)

Estelle v. Gamble, 429 U.S. 97 (1976)

West v. Atkins, 487 U.s. 42 (1988)

Washington v. Happer, 494 U.S. 210 (1990)

Loque v. United States, 412 U.S. 521 (1973)

Friday February 15 Unit #1 Introduction/Course Requirements

Monday February 18 Unit #2

Wednesday February 20 Unit #2

Friday February 22 Unit #3

Monday February 25 Unit #4 Individual Case Assignment (Everyone)

Wednesday February 27 Unit #5

Friday March 1 Unit #5 (continued)

Monday March 4 Unit #6

Wednesday March 6 Unit #6 (continued)

Friday March 8 Unit #6 (continued)

Monday March 11 Unit #7

Wednesday March 13 Unit #7 (continued)

Friday March 15 Unit #8 NCJRS Assignment (group)

Monday March 18 Unit #8 (continued)

Wednesday March 20 Unit #9

Friday March 22 Unit #9 (continued) ACA Prison Standards (group)

Assignments

Monday March 25 Unit #10

Wednesday March 27 Unit #10

Friday March 29 Exam I (1 hour) tentative

Monday April 1 Holiday — Cesar Chavez Day — No Class

Wednesday/Friday April 3 & 5 SPRING BREAK — No Classes

Monday April 8 Unit #11

Wednesday April 10 Unit #11

Friday April 12 Unit #12

Monday April 15 Unit #12 (continued)

Wednesday April 17 Unit #13

Friday April 19 Unit #13 (continued)

Monday April 22 Exam II (1 hour) tentative

Wednesday April 24 Unit #14

Friday April 26 Unit #14 (continued)

Monday April 29 Unit #14 (continued)

Wednesday May 1 Unit #15

Friday May 3 Unit #15 (continued)

Monday May 6 Unit #16 Prisoner Religion Assignment (group)

Wednesday May 8 Unit #16 (continued)

Friday May 10 Unit #16 (continued)

Monday May 13 Unit #17

Wednesday May 15 Unit #17 (continued)

Friday May 17 Unit #18 TERM PAPER DUE

Monday May 20 Unit #18 (continued)

Wednesday May 22 REVIEW