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Prison-conditions cases since Wilson v.A study in lower court compliance with Supreme Court decision making.

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	Prison-conditions cases since Wilson v.
其他題名:	A study in lower court compliance with Supreme Court decision making.
作者:	Cole, Richard Bruce.
面頁冊數:	219 p.
附註:	Adviser: George F. Cole.
附註:	Source: Dissertation Abstracts International, Volume: 60-09, Section: A, page: 3506.
Contained By:	Dissertation Abstracts International60-09A.
標題:	Political Science, General.
電子資源:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=9946734
ISBN:	0599488379

Prison-conditions cases since Wilson v.A study in lower court compliance with Supreme Court decision making.
Cole, Richard Bruce.

Prison-conditions cases since Wilson v.A study in lower court compliance with Supreme Court decision making.[electronic resource] Seiter : - 219 p.

Adviser: George F. Cole.

Thesis (Ph.D.)--The University of Connecticut, 1999.

An examination of ten years of federal district court opinions—five years before and five years after <italic>Wilson v. Seiter</italic>—shows that <italic>Wilson</italic> achieved a compliant reaction by the federal district courts, resulting in a more restraintist approach to intervening in state prisons. The clarity of the <italic>Wilson</italic> opinion and later supporting opinions by the Supreme Court were important factors in the Supreme Court's obtaining compliance with its policy direction.

ISBN: 0599488379Subjects--Topical Terms:

212408
Political Science, General.

Prison-conditions cases since Wilson v.A study in lower court compliance with Supreme Court decision making.
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520 # $a An examination of ten years of federal district court opinions—five years before and five years after <italic>Wilson v. Seiter</italic>—shows that <italic>Wilson</italic> achieved a compliant reaction by the federal district courts, resulting in a more restraintist approach to intervening in state prisons. The clarity of the <italic>Wilson</italic> opinion and later supporting opinions by the Supreme Court were important factors in the Supreme Court's obtaining compliance with its policy direction.
520 # $a Finally, in 1991, the Supreme Court decision in <italic>Wilson v. Seiter </italic> sent a more obvious message to the lower courts. In addition to tightening up the requirements to prove the objective element—that the conditions were cruel and unusual—the Court recognized a mental element, deliberate indifference on the part of prison officials, which inmates would also have to prove.
520 # $a In 1981, in the case of <italic>Rhodes v. Chapman</italic>, the Supreme Court for the first time considered a general-conditions case. The language of the Court's opinion spoke in sweeping terms of the need for federal judges to show deference to state prison officials; the holding of the case was that double celling in a new Ohio prison was not unconstitutional, even though the cells had been designed for one inmate. While the language of the opinion counseled deference, the lower federal courts continued as before, actively finding conditions to violate the Eighth Amendment.
520 # $a Prior to the late 1960s, federal courts took a hands-off approach when inmates in state prisons tried to challenge the conditions of their confinement as violative of the Eighth Amendment's proscription of “cruel and unusual punishment.” However, beginning in the late 1960s, federal district judges began to look into these prisons—to take a more hands-on approach—and found shocking conditions in old, overcrowded institutions. For over a decade these federal district courts assumed an activist role, intervening where constitutional violations were found through orders mandating radical changes in the institutions, often monitored by court-appointed special masters.
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