Contents

• Jurisdiction: North Carolina

Contents

Preface xiii

The Current Book in Context xiv

Innovation of the Current Book xv

Acknowledgments xvii

Chapter 1 • Introduction: The Goals of Punishment and Aims of Correctional Institutions 3

The Goals of Punishment 4

Reconciliation 5

Atonement 5

Deterrence 5

Reparation 6

Treatment and Rehabilitation 7

Prevention, Incapacitation, and Banishment 8

Retribution and Retaliation 9

Conclusion 11

Discussion Questions 12

Chapter 2 • Historical Account of Correctional Law 13

The Hands-Off Era (Prior to the 1970s) 13

Shifting Judicial Ideology in the Civil-Rights Era 15

The Hands-On Era (1970-80) 19

Shifting Back to a Hands-Off Policy 20

Conclusion 22

Discussion Questions 22

List of Cases Cited 23

Chapter 3 • The Administration of Probation and Parole 25

Probation 26

Probation Responsibilities: Investigate and Supervise 28

Presentencing Investigation Report 28

Supervision 30

The Organization of Probation 31

Variation in Probation Workload 32

Variation in Probation Organization 32

Variations in Disciplinary Policies 33

Parole 34

Parole Boards and Parole Hearings 35

Parole Board Hearings 36

Parole Revocation 37

Conclusion 38

Discussion Questions 39

List of Cases Cited 40

Chapter 4 • Jail and Prison Administration 41

Jails 41

The Political Context for Jail Administration 43

Jail Conditions, Standards, and Management 44

Jail Personnel and Administration 46

Prisons 48

The Prison as a Total Institution 49

Administrative Models for Prison Management 50

Conclusion 51

Discussion Questions 52

Chapter 5 • First Amendment: Freedom of Speech 55

A General Overview of Free Speech Rights 55

Free Speech Rights of the Incarcerated 56

Communication between Inmates and Non-Inmates 57

a. Family and Friends 57

b. Representatives of the Media 59

Communication among Inmates 60

Receipt of Publications 62

Correspondence in Languages Other than English 66

Conclusion 66

Discussion Questions 67

List of Cases Cited 67

Chapter 6 • First Amendment: Freedom of Religion 69

Standards of Review Today 70

Establishment Clause 70

The Establishment Clause and Prison 72

Free-Exercise Clause 74

The Free Exercise Clause and Prison 75

Real Religion 75

Sincerely Held Beliefs 76

Prayers 76

Religious Diets and Other Practices 78

Conclusion: Religion, Penology, and Correctional Practices 79

Discussion Questions 80

List of Cases Cited 80

Chapter 7 • Fourth Amendment: Search and Seizure 83

The Application of the Fourth Amendment in Correctional Institutions 86

Cross-Gender Searches 90

Searches of Visitors...