Inside Justice: A Comparative Analysis of Practices and Procedures for the Determination of Offenses against Discipline in Prisons of Britain and the United States

By Bayard Marin | Go to book overview

Appendix 1
Procedures Questionnaire

Procedure for Determining Offenses against Discipline in Prisons for Adult Males
Please answer each question Yes or No unless otherwise directed. Feel free to give explanations or additional information where deemed appropriate.
All are prisoners made aware of the offenses against discipline by means of a handbook or other published document?
Does a prisoner accused of an offense against discipline have the right to:
A. A hearing?
B. Notice of adverse charges in writing?
C. Time to prepare this defense? (Specify time)
D. Assistance of:
(i) a qualified lawyer?
(ii) a legally trained person not admitted to the Bar?
(iii) other staff?
(iv) another prisoner?
E. Call witnesses on his own behalf?
F. Confront witnesses against him?
3. At any time during the proceeding is the prisoner advised:
A. Of his rights to counsel?
B. Of his right to remain silent?
C. That anything he says may be used against him in a trial?
4. Please indicate the quantum of evidence required for a finding of guilty (answer one):
A. Guilt beyond a reasonable doubt.
B. Substantial evidence.
C. Other (specify).
5. Is a written record of the proceeding or decision kept?
6. Does the prisoner have access to this record?
7. May the prisoner appeal:
A. Findings of guilty?
B. Amount or kind of punishment?
C. If answer to A or B is Yes, to whom is appeal taken?
8. Is there a grievance procedure whereby prisoners may complain of abuse by staff or other prisoners?
9. Are notations of disciplinary punishments available to parole or clemency boards?
10. Are notations of disciplinary punishments removable from the prisoner's file after expiration of a period of time? If yes, how long?

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Inside Justice: A Comparative Analysis of Practices and Procedures for the Determination of Offenses against Discipline in Prisons of Britain and the United States
Table of contents

Table of contents

  • Title Page 3
  • Contents 7
  • List of Tables 11
  • Foreword 13
  • Acknowledgments 15
  • 1 - Introduction 19
  • 2 - Organizational and Statutory Structure 29
  • 3 - Offenses 47
  • Notes 80
  • 4 - Punishment Practices 89
  • Notes 119
  • 5 - The Determiners 130
  • 6 - Hearings: Procedures 162
  • 7 - Judicial Review: Some Constitutional Comparisons 216
  • 8 - Judicial Review: Judicial Intervention In Prison Adjudications 224
  • 9 - Access to Remedial Sources 289
  • 10 - Remedies 327
  • 11 - Conclusion 380
  • Appendix 1 - Procedures Questionnaire 386
  • Appendix 2 - Outline for Empirical Observations 388
  • Selected Bibliography 390
  • Index 399
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