Description
•For each of these punishments, provide the following based on the decisions of the above to 2 cases:
◦When is this an appropriate sentence?
◦When is this protected by the U.S. Constitution?
◦What are 2 examples that you can take from the Supreme Court decisions that support your arguments?
I need 2 to 4 references for this assignment.
Explanation & Answer
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Respondent inmates brought a class action challenging two regulations promulgated by the Missouri Division of Corrections. The first permits correspondence between immediate family members who are inmates at different institutions within the Division's jurisdiction, and between inmates "concerning legal matters," but allows other inmate correspondence only if each inmate's classification/treatment team deems it in the best interests of the parties. The second regulation permits an inmate to marry only with the prison superintendent's permission, which can be given only when there are "compelling reasons" to do so. Testimony indicated that generally only a pregnancy or the birth of an illegitimate child would be considered "compelling." The Federal District Court found both regulations unconstitutional, and the Court of Appeals affirmed.
Held:
- See more at: http://caselaw.findlaw.com/us-supreme-court/482/78.html#sthash.j5QD1yu0.dpufPlease let me know if you need any clarification. I'm always happy to answer your questions.
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