The Governance of Corrections: Implications of the Changing Interface of Courts and Corrections
نویسنده
چکیده
Judicial decisions established legal standards for prison conditions and the treatment of prisoners. Prisoners used the litigation process to seek judicial enforcement of these rights-based standards that restricted the autonomy previously enjoyed by correctional officials. Judicial intervention into corrections transformed corrections by pushing all correctional institutions to become professionalized, bureaucratic organizations with formal procedures and legal norms. During the 1980s and 1990s, however, the U.S. Supreme Court and Congress used their authority to force a deceleration of Federal judges’ involvement in correctional management. Court decisions and legislation narrowed the definitions of prisoners’ rights, required greater judicial deference to correctional administrators, and limited both prisoners’ effective utilization of civil rights litigation and Federal judges’ remedial authority. Despite these developments, the routinization of institutional procedures under the supervision of trained correctional administrators should preserve the changes initiated by court decisions. Moreover, the threat of future litigation continues to protect against the abandonment of correctional standards. The future interface of courts and corrections depends largely on developments BOUNDARY CHANGES IN CRIMINAL JUSTICE ORGANIZATIONS
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