: Sentence-Administration Claims: Square Peg in a Round Hole

in Habeas for the Twenty-First Century

Published by University of Chicago Press

Published in print April 2011 | ISBN: 9780226436975
Published online March 2013 | e-ISBN: 9780226436968 | DOI:
: Sentence-Administration Claims: Square Peg in a Round Hole

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This chapter deals with the review of administrative decisions made by prison and parole authorities that affect the timing of release from custody. Thousands of state prison inmates who previously could protest only those prison conditions that violated equal protection, the First Amendment, or the Eighth Amendment's prohibition against cruel and unusual punishments suddenly acquired a new federal cause of action. Furthermore, the importance of habeas courts as overseers of state corrections and parole decisions is elaborated. The federal courts are today routinely asked to oversee prison disciplinary and parole decisions for the nation's growing prison population. The more radical approach of rethinking state mandatory prison release systems could entirely eradicate thousands of habeas cases in which prisoners claim they should have been released sooner but were not because of some constitutional flaw in a decision made by a prison or parole official.

Keywords: administrative decisions; state prison inmates; parole authorities; habeas courts; parole decisions; habeas cases; state corrections

Chapter.  5126 words. 

Subjects: Constitutional and Administrative Law

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