9 - Prisoner Disciplinary Proceedings
Review articleOpen access
2010/01/01 Chapter DOI: 10.1016/B978-1-59345-503-3.50012-2
Publisher SummaryDiscipline, order, and control are the major concerns of the administrative staffs of correctional institutions as these issues relate to the security of the institution, the safety of institutional staff and prisoners, and the rehabilitation of the prisoners. This chapter discusses the due process of law, the requirements in a prison disciplinary hearing, and the prisoner's legal remedies. In recent years, great emphasis has been given by the courts to the disciplinary procedures and practices of prison administrators. The Supreme Court completely changed the nature of protected liberty interests under the Fourteenth Amendment. The Supreme Court has indicated that there are two aspects of the due process: substantive and procedural. The substantive aspect involves the fundamental rights of the individual that are protected from government action, and the procedural aspect of due process deals with the procedures or means by which government action can affect the fundamental rights of the individual. Administrative agencies—as a branch of government whose actions directly affect individuals—must ensure that individual procedural due process rights are guaranteed.
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