18-d Prisoners' Basic Rights in Disciplinary Procedures [details]
Library | A Jailhouse Lawyer's Manual (2020 Edition) |
18-D. Prisoners' Basic Rights in Disciplinary Procedures [Details]
In Wolff v. McDonnell, 103 the Supreme Court described how prison disciplinary procedures should be conducted in order to comply with constitutional Due Process requirements. If you have been placed in administrative segregation, this Part may not apply to you. Go to Part F of this chapter to learn more about your rights if you have been. This Part applies if you have been deprived of a recognized liberty interest, such as a loss of good-time credits or something else very severe. This Part explains the Wolff due process rights you can use to defend yourself at your disciplinary proceeding or to challenge your punishment on appeal in court.104 First, you need to establish that a...
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- 18-d Prisoners' Basic Rights in Disciplinary Procedures [details]
- 18-d-1 The Prison Must Publish Rules Governing Your Conduct
- 18-d-2 Written Notice Requirement
- 18-d-3 "substitute Counsel" (employee Assistant)
- 18-d-4 Witnesses
- 18-d-5 Confronting and Cross-examining Witnesses
- 18-d-6 "impartial" Hearing Officer
- 18-d-7 "use" Immunity
- 18-d-8 The Ruling and the Requirement of a Written Record
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