Moreover, Judge McMillian dismissed the majority's assertion that expanding medical services to accommodate requests by female prisoners would draw resources away from security and other legitimate penological
Throughout the history of Free Exercise Clause jurisprudence, courts have struggled to find the proper way to balance religion with governmental and penological
Justice Breyer purports to use a standard of "reasonable relation" to a "legitimate penological
objective", but his application of that standard suggests the barest minimum of judicial review.
The appeals court held that the plaintiffs, whose interests as publishers in accessing prisoners had been harmed, had standing to bring their claims, but that the FDOC rule at issue was rationally related to a legitimate penological
A condition's penological
purpose cannot be neatly excised from decisions about basic human needs.
57) Here too, though he said little about the link of just punishment to the pardon power, his underlying penological
theory supported that authority.
Accordingly, the court ruled that while the inmate-to-inmate correspondence was reasonably related to legitimate security concerns, the inmate marriage regulation was not related to any legitimate penological
Safely, the Supreme Court held that jails may enact policies that infringe on prisoners' constitutional rights when the regulation is reasonably related to a legitimate penological
The federal district court judge ruled in favor of prison officials, and the Ninth Circuit affirmed, (8) concluding that the routine racial segregation was constitutional because it was rationally related to a legitimate penological
interest: preventing violence in prisons.
Opponents criticize the inclusion of crimes such as petty theft among triggering offenses, (26) the fact that the sentences might well exceed the time at which a career criminal would retire from a life of crime, (27) and the general shift from retribution and rehabilitation to incapacitation as a penological
theory, (28) among other things.
In a decision that impacts millions of prisoners nationwide, the Supreme Court declared that prison visitation policies of the Michigan Department of Corrections (MDOC), "bear a rational relationship to a legitimate penological
interest," and do not violate prisoners' rights.
27) Certainly parole was an effort to demonstrate to critics that Georgia was moving in accord with modern penological
Obviously, valid penological
concerns are followed for security reasons, but it is the case that fundamentalist Christians and Roman Catholics and Mormons, Muslims and on and on have an equal access to the ministry of their faith as much as the jail can possibly provide them.
The Court previously held that cruel and unusual punishment is unnecessary and wanton pain that is totally without penological
6) Recently, however, the United States Supreme Court has recognized that an inmate retains those fights that are not inconsistent with his status as a prisoner or within the legitimate penological
(7) objectives of the corrections system.