Posted: May 1st, 2022

MODULE 8: CONDITIONS OF CONFINEMENT, PREA, and CRIPA

MODULE Eight: CONDITIONS OF CONFINEMENT, PREA, and CRIPA
LISTEN TO: COMMENTARY ON MODULE Eight
READ:
1) Chapter Eight within the textbook (you additionally learn this chapter for Module 7) AND Chapter 11 within the textbook pages 235-248.
2) “Texas Prisons Cease Utilizing Solitary Confinement, however Hundreds Stored in Administrative Segregation,” (1/four/2021) in Jail Authorized Information: https://www.prisonlegalnews.org/information/2018/jul/6/texas-prisons-stop-using-solitary-confinement-punishment-thousands-kept-administrative-segregation/
three) “Texas Prisons Lead the Nation in Lengthy-Time period Solitary Confinement,” (10/10/2018) in The Texas Observer: https://www.texasobserver.org/texas-prisons-lead-the-nation-in-long-term-solitary-confinement/
four) “The SHU,” (7/26/2017) Ear Hustle podcast (31 minutes): https://www.earhustlesq.com/episodes/2017/7/26/the-shu?rq=solitary
5) “California is Ordered to Reduce its Jail Inhabitants,” (5/23/2011), Nationwide Public Radio (four minutes): https://www.npr.org/2011/05/23/136579580/california-is-ordered-to-cut-its-prison-population
6) American Civil Liberties Union (ACLU) Abstract of the PLRA:
https://www.aclu.org/websites/default/information/pictures/asset_upload_file79_25805.pdf
7) Administrative Segregation in U.S. Prisons, Government Abstract Nationwide Institute of Justice https://www.ojp.gov/pdffiles1/nij/249750.pdf
Eight) The web site for the Nationwide PREA Useful resource Middle: https://www.prearesourcecenter.org/about/prison-rape-elimination-act
Learn concerning the passage of the PREA in 2003 and the assorted parts of the laws.
9) The web site for the US Division of Justice Rights of Individuals Confined to Jails and Prisons: https://www.justice.gov/crt/rights-persons-confined-jails-and-prisons
Learn concerning the authority that The Civil Rights of Institutionalized Individuals Act (CRIPA) offers to the Justice Division’s Civil Rights Divisions to research circumstances in prisons and jails.
10) Investigation of the Lowell Correctional Establishment – Florida Division of Corrections : file:///C:/Customers/Administrator/Paperwork/Authorized%20elements%20of%20corrections%20f2021/federal%20cripa%20report%202020.pdf

This 34-page report describes a CRIPA investigation into allegations of sexual abuse of prisoners by the establishment’s workers. It’s a great instance of how CRIPA, the Supreme Courtroom’s interpretation of the Eighth Modification, and the PREA all work collectively when analyzing allegations of sexual abuse in opposition to inmates. The report analyzes a tragic and terrible set of circumstances below a authorized lens.

WATCH:
11) Nationwide Geographic movie (5 minutes) about life within the Particular Housing Unit at Pelican Bay Jail in California: https://www.youtube.com/watch?v=Q7ajzsh-i54

Module Eight Task (due three/27, no later than 11:59 pm)
Value a most of 22.5 factors towards the ultimate grade

QUESTION 1:
Prisoners housed within the state jail positioned in Center City America have filed a lawsuit alleging that their residing circumstances violate the Eight Modification of the U.S. Structure. They’ve complied an inventory of a number of points that collectively the prisoners allege are unconstitutional: unsanitary cellblocks that entice bugs, blankets which might be too skinny and don’t present sufficient heat in throughout chilly climate days, correctional officers who ignore their requests to be allowed to go to the unit’s infirmary when they’re unwell, correctional workers who use threats of violence once they ask for staple items like rest room tissue, bogs that overflow on an nearly each day foundation, and dormitories that home an overflow of prisoners. Based mostly on Wilson v. Seiter, what do the prisoners need to show in an effort to prevail? 1 web page minimal, double-spaced.
QUESTION 2:
Inmate Jenkins has filed his 4th lawsuit in opposition to the warden at Starburst Jail the place Jenkins is housed. Jenkins complains in his 4th lawsuit that recent fruit isn’t served within the inmate chow corridor. Does the PLRA impression his lawsuit? Deal with the PLRA! Clarify how particular sections of the PLRA impression Jenkins’ lawsuit. One web page minimal, double-spaced.
QUESTION three:
The usage of SHUs (particular Housing items, aka administrative segregation, restrictive housing) could be very controversial. You learn earlier concerning the classification of prisoners into SHU housing. You’re a correctional warden of a most safety unit that homes offenders who’ve assaulted correctional workers and/or different inmates. Make the argument that SHU housing is important. Clarify why. Then make the argument that SHU housing needs to be eradicated or drastically restricted. Argue BOTH sides! Let me know in your reply that you just listened to the Ear Hustle episode, watched the youtube video, and learn the brief articles below the studying necessities. How do you let me know? Point out the title of the article, podcast, and video and why they provide data that’s related to your reply. 1 ½ web page paragraph minimal.

QUESTION four
Open the hyperlink for Implementation on the prime of the homepage for the Nationwide PREA Info Middle (#Eight within the required studying checklist for this Module). From there, open the hyperlink for Jail and Jail Requirements. Discover there are 12 “chapters,” every masking a selected space involving implementation of the PREA. Congress created the Nationwide Jail Rape Elimination Fee to draft requirements that correctional amenities should observe to implement the necessities of the PREA. From the primary 10 “chapters” which might be discovered below the Jail and Jail Requirements, selected one normal from three DIFFERENT chapters that you just discovered most fascinating/complicated/controversial and clarify in your phrases: the usual and why you selected to write down about it. To make clear: you solely have to debate THREE requirements complete, however every of these THREE should come from a distinct chapter.
A few of the requirements are sophisticated with a number of elements. Summarize an important necessities of the three requirements you chose.
Watch out to not be too transient in your reply. Present me that you just didn’t wait till the final minute to do the task!!

QUESTION 5
Describe in your personal phrases what CRIPA permits the Lawyer Common to and how that workplace goes about its work. 2 paragraph minimal of your personal phrases!!! (no plagiarism – don’t “copy” the web site and no quotes).

QUESTION 6
Nearly all of Part IV of the investigation report concerning the Lowell Correctional Middle describes proof of the particular acts of sexual abuse, the failure to implement programs to take care of such abuse, and the authorities on the jail who knew about however disregarded the abuse. Ensure you examine (or skim) the proof supplied in these pages of the report. The proof is stunning!
Question Assignment 2 focuses on Part IV. A.1. “Workers Sexual Abuse of Lowell Prisoners Violates Prisoners’ Constitutional Rights” (pp, four -Eight). In your personal phrases (that features no quotes) clarify how the report concludes that the sexual abuse at Lowell constituted a violation not simply of the Jail Rape Elimination Act but in addition of the Eighth Modification. Don’t be transient! DIG IN.
Discover that it isn’t ample to conclude merely that stunning details robotically = constitutional violations. Authorized Assessment applies authorized doctrines and earlier choices which have interpreted the Eighth Modification to succeed in the conclusion that stunning details quantity to violations of the Eighth Modification. Question Assignment 6 asks you to observe the steps of that Assessment. 1 web page minimal.

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MODULE Eight: CONFINEMENT, PREA, and CRIPA CONDITIONS
LISTEN TO: MODULE Eight COMMENTARY

READ:

1) Pages 235-248 of the textbook’s Chapter Eight (you also needs to research this chapter for Module 7) AND the textbook’s Chapter 11 (you also needs to learn this chapter for Module 7).

2) “Texas Prisons Cease Utilizing Solitary Confinement, however Hundreds Keep in Administrative Segregation,” in Jail Authorized Information (1/four/2021): https://www.prisonlegalnews.org/information/2018/jul/6/texas-prisons-stop-using-solitary-confinement-punishment-thousands-stay-in-administrative-segregation/

three) The Texas Observer, “Texas Prisons Lead the Nation in Lengthy-Time period Solitary Confinement,” 10/10/2018: https://www.texasobserver.org/texas-prisons-lead-the-nation-in-long-term-solitary-confinement/

four) “The SHU,” (7/26/2017) Ear Hustle podcast (31 minutes): https://www.earhustlesq.com/episodes/2017/7/26/the-shu?rq=solitary

5) “California is Ordered to Reduce its Jail Inhabitants,” (5/23/2011), Nationwide Public Radio (four minutes): https://www.npr.org/2011/05/23/136579580/california-is-ordered-to-cut-its-prison-population

6) American Civil Liberties Union (ACLU) Abstract of the PLRA:

https://www.aclu.org/websites/default/information/pictures/asset_upload_file79_25805.pdf

7) Administrative Segregation in U.S. Prisons, Government Abstract Nationwide Institute of Justice https://www.ojp.gov/pdffiles1/nij/249750.pdf

Eight) The web site

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