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

1 Introduction

Purpose

Few lawyers, either in Britain or in the United States, practice their profession inside prisons. Of course, many lawyers visit clients in prisons and often do become interested in the conditions of their confinement. However. for most lawyers the occasional visit to a prison is an inconvenience necessitated by their clients' immobility. There are better places to conduct interviews.

The idea for this work grew out of the author's experiences as a lawyer in a prison, which left him with several unanswered questions concerning imprisonment. Among these questions, the subject of practices and procedures for the determination of offenses against discipline has stood out most prominently.

In America, the subject of prison offenses, as is the case with most prison topics, involves the collateral issue of the extent to which lawyers and courts ought to be involved in prison affairs generally. The purpose of this work is exhaustively to study practices and procedures for the determination of offenses against discipline in prisons, not as a justification for intervention by the legal establishment, but as an examination of the need or utility therefor. In order to achieve that purpose, the writer has chosen to compare practices and procedures in the prison systems of two countries: one in which legal intervention has been great--the United States; the other in which legal intervention has been noticeably absent--Britain. This is not an attempt to impose American methods upon the British or British methods upon Americans. The goal is thoroughly to expose practices and procedures in each country, utilizing comparison as a map to find new avenues of approach or to disregard badly worn ones.


Inspiration

Since the idea for this book was conceived as a result of the writer's experiences in a specific setting, it will be useful to relate some of those experiences.

Lawyers who become interested in prison conditions, practices, or procedures are frequently regarded by those in charge of prisons (sometimes with good reason) as their enemies. Prison staff, who must at minimum keep men securely confined and are also expected to reform, rehabilitate, or correct (or whatever descriptive word may be fashionable at any time) them under nearly impossible conditions. are not enamored of the altruistic enthusiam frequently exhibited by lawyers prying into prison operations. This writer has known instances where lawyers, in their zeal to aid prisoners, have exceeded professional ethics to the extent of committing or assisting in the commission of illegal acts under the guise of privileged communications. Thus, lawyers, whether by personal inclination or force of unfavorable circumstances, choose not to become involved in prison

-19-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
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
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 418

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

    Already a member? Log in now.