11 May Analyze how the Supreme Court cases you have read about concerning the inmate disciplinary system help or do not help Harrisons chances of winning
Q1 Analyze how the Supreme Court cases you have read about concerning the inmate disciplinary system help or do not help Harrison’s chances of winning his lawsuit. Rely on the Supreme Court cases only. This is
Q2
These are the 3 legal issues for you to address:
1. Discuss the legal issues raised when officials required Emmie to undergo a strip search before she could visit Gemm.
2. Discuss the legal issues raised by the cell search of Gemm’s cell – what are her Fourth Amendment rights when it comes to cell searches?
3. Discuss Gemm’s right to call witnesses in her behalf at a disciplinary hearing.
Discuss ALL of the legal issues involved in the 3 sub-questions. Minimum 1 and ½ page, double-spaced. Offer arguments in favor of the prison administration’s position AND arguments in support of Gemm and Emmie
MODULE 6: DUE PROCESS & THE DISCIPLINARY SYSTEM, FOURTH AMENDMENT RIGHTS, AND VISITATION
LISTEN TO: COMMENTARY ON MODULE 6
READ:
1. Chapters 5 & 7 in the textbook (you read chapter 7 for Module 5)
1. To see the disciplinary rules for Texas prisoners: Texas Department of Criminal Justice-Institutional Division Offender Orientation Handbook, pages 11-24 AND 71-73:
https://www.tdcj.texas.gov/documents/Offender_Orientation_Handbook_English.pdf
Module 6 Assignment (due 3/30, no later than 11:59 pm)
Worth a maximum of 22.5 points toward the final grade
QUESTION 1
Prisoner Harrison is housed in administrative segregation. He has been charged with threatening an officer. The disciplinary “ticket” states the offense:
On 12/4/2020 at 0800, Inmate Harrison, from his cell, yelled at Officer Dunner as he walked past Harrison’s cell, that he planned to attack him later that day. He intended “to f— him up”, and Dunner better be scared “because it was going to be bloody.” Harrison’s comments were loud and could be heard throughout the cell block. Other inmates yelled in support of his threats. Harrison in currently assigned to administrative segregation for attacking a correctional officer when he was housed in general population.
At his disciplinary hearing, Harrison is allowed to testify on his behalf and denies the charges. He states that he never made the threat, and he did not hear any other prisoner make that threat on 12/4/2020 at 0800 as charged. He further states that has never made such a threat or heard such a threat made by another prisoner while being housed in administrative segregation. He is trying very hard to follow all of the rules so his custody level can eventually be lowered, and he can return to the general population.
Prisoner Harrison is represented by a counsel substitute who follows the appropriate procedures and makes a formal request on Harrison’s behalf that every prisoner housed in his cellblock be permitted to appear before the disciplinary hearing and testify on Harrison’s behalf. The counsel tells the disciplinary committee that according to Prisoner Harrison, the prisoners will testify that he did not threaten Officer Dunner or any other officer. They will testify that they did not hear anyone threaten an officer.
The disciplinary committee considers Harrison’s request. He wants 20 prisoners in his cellblock to appear before the committee. Escorting 20 prisoners from administrative segregation is a time-intensive process because each inmate would be escorted in handcuffs and leg chains by 2 officers. The prisoners in Harrison’s cellblock have poor disciplinary records. The hearing office is not located near Harrison’s cellblock. The committee concludes that Harrison can have only one prisoner from his cellblock testify on his behalf. The committee sticks to its decision of allowing only one inmate. Harrison asks for Prisoner Jones to testify. Jones appears before the committee and supports Harrison’s narrative. Officer Dunner appears before the committee and testifies that Harrison threatened him, using the words that appear in the disciplinary ticket.
The committee convicts Harrison of the disciplinary infraction of threatening an officer. He has 360 days of good time taken away.
Harrison follows the grievance process as set up by the state prison system, complaining that his request for witnesses was denied and, as a result, he was not able to meaningfully defend himself. He loses at each level of the grievance system. His only option left is to file a lawsuit, which he does.
Analyze how the Supreme Court cases you have read about concerning the inmate disciplinary system help or do not help Harrison’s chances of winning his lawsuit. Rely on the Supreme Court cases only. This is not a question about the Texas rules. Minimum 1 page minimum, double-spaced.
QUESTION 2
Emmie (short for Emerald) Sparkle has never been incarcerated, but her cousin Gemm Sparkle is currently incarcerated at Best Correctional Facility. Emmie lives with her aunt Ruby, Gemm’s mother, who is currently incarcerated for drug distribution. Emmie, however, has never been arrested and is a straight “A” college student.
Emmie is on Gemm’s approved visitor list. During her visit to Gemm last week, correctional officers saw suspicious activity. It appeared that Emmie was trying to give Gemm something through the mesh barrier between them in the visiting room. Gemm is incarcerated for drug distribution. After Emmie’s visit was over, officials conducted a strip body cavity search on Gemm and found no contraband of any sort. Several hours after the visit, officers noticed Gemm appeared glassy-eyed and disoriented. Officials did not test Gemm’s urine or blood for possible drug use. Within a few hours, Gemm’s appearance and behavior returned to normal.
Emmie shows up a week later for another visit with Gemm. Officers were on the alert. They told Emmie that in order to visit Gemm she must submit to a body cavity search. Emmie refused and left, saying she was insulted and intended to contact an attorney.
Officers decided to search Gemm’s cell after Emmie left. After turning the cell and its contents upside down, they found 3 valium tablets hidden in the mattress lining. Gemm does not have a prescription for Valium from the prison doctor.
Officials filed a disciplinary charge against Gemm, alleging possession of drugs in violation of the prison rules. The pills found by officers in her mattress are the only physical evidence against Gemm. The only witnesses for the state are the 2 officers who conducted her cell search. Gemm asserts that the officers planted the pills in her cell in order to harass her. In fact, she asserts the only reason officials searched her cell was to harass her. She alleges that prison officials harassed her because they are worried that Emmie will sue them for denying her visit with Gemm. She asks to call 2 inmates who live in cells next to hers (one on either side) who will testify that they heard the officers discuss where to plant the Valium. The disciplinary hearing officer who presides over the hearing refuses her request on the grounds that security concerns require he deny their testimony.
These are the 3 legal issues for you to address:
1. Discuss the legal issues raised when officials required Emmie to undergo a strip search before she could visit Gemm.
2. Discuss the legal issues raised by the cell search of Gemm’s cell – what are her Fourth Amendment rights when it comes to cell searches?
3. Discuss Gemm’s right to call witnesses in her behalf at a disciplinary hearing.
Discuss ALL of the legal issues involved in the 3 sub-questions. Minimum 1 and ½ page, double-spaced. Offer arguments in favor of the prison administration’s position AND arguments in support of Gemm and Emmie.
,
MODULE 6: DUE PROCESS & THE DISCIPLINARY SYSTEM, FOURTH AMENDMENT RIGHTS, AND VISITATION
PLEASE ONLY USE TEXTBOOK AS REFRENCE TO COMPLETE ASSIGNMENT AND LINKS PROVIDED
LISTEN TO: COMMENTARY ON MODULE 6
READ:
1) Chapters 5 & 7 in the textbook (you read chapter 7 for Module 5)
2) To see the disciplinary rules for Texas prisoners: Texas Department of Criminal Justice-Institutional Division Offender Orientation Handbook, pages 11-24 AND 71-73:
https://www.tdcj.texas.gov/documents/Offender_Orientation_Handbook_English.pdf
Textbook: The Legal Rights of the Convicted
Barbara Belbot, Craig Hemmens, Michael R. Cavanaugh
Link to textbook:
https://www.perlego.com/book/2028034/the-legal-rights-of-the-convicted-pdf
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