Offender Rights Part 5: Access to the Legal System

Outline:

Section 1: Introduction

A. About This Course

B. Learning Objectives

Section 2: Due Process Rights

A. What is Due Process?

B. Where is it Mentioned in the Constitution?

C. Life, Liberty, and Property Interests

D. Other Sources of Due Process Rights

E. Examples of When Due Process Applies

F. Examples of When Due Process Does Not Apply

G. Transfers

H. Exceptions To The Transfer Rule

I. Transfers Between Different Correctional Systems

J. Classification Decisions

K. Due Process and The Disciplinary Hearing

L. Informants and Disciplinary Hearings

M. The Role of The Correctional Officer in A Disciplinary Hearing

N. Administrative Segregation: The Case of Hewitt v. Helms

O. Length of Time in Administrative Segregation

P. Review

Q. Summary

Section 3: Access to the Legal System

A. Access to The Legal System

B. Reasons Why Offenders Seek Access to The Courts

C. Challenging the Legality of Their Sentence

D. Claiming Civil Rights Violations

E. Prison Litigation Reform Act (PLRA)

F. Bringing Or Defending Against Lawsuits Unrelated To Conviction Or Confinement

G. Access to Legal Assistance

H. Access to Legal Materials

I. Access to Legal Advice

J. Jailhouse Lawyers

K. Review

L. Summary

Section 4: Correctional Officer Role

A. The Correctional Officer’s Role in Offender Access to the Court

B. Privileged Communication

C. Correctional Officers and Privileged Communication

D. Review

E. Summary

Section 5: Conclusion

A. Summary

B. Course Contributors

C. References

D. Congratulations!

E. Exam

F. BrainSparks

Mrs. Cobb is a Lead SME Writer/Trainer at Relias. Her primary writing responsibilities are in the Health and Human Services vertical, in the content areas of public safety and behavioral health. Mrs. Cobb is also the onboarding trainer for new Relias staff joining the Content Department. Mrs. Cobb has a Bachelor of Science Degree in Correctional and Juvenile Justice Studies and a Master of Science Degree in Criminal Justice. She has over 24 years of experience working in criminal and juvenile justice. Her work includes direct service, research, and training and technical assistance. She was the statewide evaluator for the Commonwealth of Kentucky for adult, juvenile, and family drug courts; a Research Associate for the American Probation & Parole Association providing training and technical assistance to Native American Nations/Alaska Native Villages on systemic criminal and juvenile justice initiatives; and a Research Administrator for the University of Kentucky. Disclosure: Kimberly Cobb, MS has declared that no conflict of interest, Relevant Financial Relationship or Relevant Non-Financial Relationship exists.

Linda L. Bryant, J.D. is veteran public safety official and legal expert. She served as the Deputy Attorney General for Virginia for Criminal Justice and Public Safety where she supervised a team of over 80 attorneys who represented the state's public safety agencies in state and federal courts. She and her team provided legal advice on public safety matters and policy development to the Governor of Virginia, the Secretary of Public Safety, all public safety agencies and the state legislature. Her duties also included providing legal advice to and overseeing all litigation against the state Department of Corrections. She also served for nearly 18 years as a state prosecutor, where she prosecuted thousands of cases focusing her efforts on violent crime, serving as lead trial attorney on over 40 murder cases. During that time she also taught as an Adjunct Professor at the College of William and Mary law school. She also served on the Working Group that developed the "21st Century Principles of Prosecution, Peace Officer Use of Force Project" for the Association of Prosecuting Attorneys Ms. Bryant is currently the Assistant Superintendent and Compliance Attorney at the Hampton Roads Regional Jail, a jail with an average daily population of approximately 1100 inmates. The jail houses special needs inmates to include those with serious medical and mental health concerns. Disclosure: Linda L. Bryant, J.D., Sworn Jail Officer has declared that no conflict of interest, Relevant Financial Relationship or Relevant Non-Financial Relationship exists.