Nobody downloaded yet

Correctional Law: Whitley vs. Alberts Case - Essay Example

Comments (0) Cite this document
Summary
Correctional Law: Whitley vs. Albers Case: 475 US 312: (1986) Prisoners Rights, The State, the Eighth Amendment, the Fourteenth Amendment Student University Abstract The following information uses five journal articles to show the stipulations of the Eighth Amendment and the Fourteenth Amendment…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER95.9% of users find it useful
Correctional Law: Whitley vs. Alberts Case
Read TextPreview

Extract of sample "Correctional Law: Whitley vs. Alberts Case"

Download file to see previous pages What is an officer’s lawful authority, current federal use of force standards under the Constitution, and how Chief Justice Rehnquist has influenced correction laws during his 30 years of service? And finally how has the case of Whitley v. Albers become a major factor in correctional law. Keywords: discrete and insular minority, cruel and unusual punishments, due process clause, fundamental political right, before trial determination, objectively reasonable. Whitley v. Albers Case: 475 US 312 (1986) Prisoners Rights, The State, the Eighth Amendment, the Fourteenth Amendment Introduction: “Prisoners have been described as the starkest example of a discrete and insular minority; they are politically powerless and subject to public disdain and apathy.” (Van Slyke, 1993). “The general public hears little about inmates’ suffering except in the most severe cases.” (Van Slyke, 1993). The following writing summarizes the Whitley v. Albers Case and attempts to answer the question of whether force was initiated in a good faith effort to restore discipline or if violence was sadistically applied for the purpose of causing harm to the inmates. The 8th Amendment sets forth a stipulation that prohibits “Cruel and Unusual Punishment,” and prohibits unnecessary infliction of pain. ...
The following text addresses these questions. The Case: It was around 8:30 in the evening on June 27, 1980. Several inmates at Oregon State Penitentiary were found intoxicated. The prison guards attempted to move the intoxicated inmates to another area. The action that was going on could be seen from cell windows in cellblock A, therefore, other inmates became agitated. They thought excessive force was being administered. Officers Kemper and Fitts ordered the prisoners to return to their cells. The order was disobeyed. One inmate jumped from the second tier and assaulted Officer Kemper, who was able to escape, but Officer Fitts was taken hostage. The prison security manager, Harol Whitley, was informed of the situation. He entered the cellblock to determine that the four inmates and Officer Fitts were not harmed. Klenk, the hostage taker, informed Whitley that one inmate had been killed and others would follow. Albers supposedly left his cell on the upper tier to help elderly prisoners on the lower tier in the event that tear gas may be used. (Ryan, 2008). Captain Whitley left the cellblock to organize an assault squad. Prison officials needed to free the hostage; therefore, they worked out a plan for Captain Whitley to go into the cellblock unarmed. Prison officers who were armed with shotguns then followed him. Captain Whitley then ordered one of the officers to fire a warning shot, and if it were necessary to shoot low at any of the inmates who were climbing the stairs to the upper floor. He would then be climbing the stairs to free the hostage. One of the officers shot Albers in the left knee as he started up the stairs. Albers brought an action in Federal District Court against Captain Whitley alleging, inter alia, they had ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Correctional Law: Whitley vs. Alberts Case Essay”, n.d.)
Retrieved from https://studentshare.org/law/1444468-whitley-v-albers-case
(Correctional Law: Whitley Vs. Alberts Case Essay)
https://studentshare.org/law/1444468-whitley-v-albers-case.
“Correctional Law: Whitley Vs. Alberts Case Essay”, n.d. https://studentshare.org/law/1444468-whitley-v-albers-case.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Correctional Law: Whitley vs. Alberts Case

Law - Roe vs. Wade

...with their bodies1. This is because abortion was illegal in all the states in the United States. There were strict laws, which forced many women into bad situations in any case they carry out an abortion illegally. In some instances, a number of women died as a result of unsafe abortion. Some women even tried to terminate their pregnancies themselves. Some other women chose to relocate to other countries to have safe, legal abortion. However, in the United States it was noted that a large number of women could not afford to move to other countries where abortion is legal to have their pregnancies terminated. A group of women in Texas was not happy with the situation. They argued that every woman should...
7 Pages(1750 words)Term Paper

Ethics VS Law

...? Ethics vs. Law Nursing focuses on aspects such as caring, preventing harm, and safeguarding the dignity of the client, as well as advocating the role of nurses that call for defending of the rights of clients. There are eight principles that nurses encounter and should abide within clinical settings, namely: autonomy (personal freedom and right of self-determination); veracity (truth-telling); beneficence (duty to safeguard good actions); justice (fairness and treating all equally); nonmaleficence (duty to prevent harm from happening); paternalism (allowing the nurses to make decisions for individual patients); fidelity (duty to abide by one’s promises and commitments; and, respect for others, anonymity...
6 Pages(1500 words)Research Paper

Correctional Officers

...CORRECTIONAL OFFICERS Challenges facing women who work as correctional officers? In the earlier days female correctional officers were not allowed to get in touch with male inmates. For many decades, correctional officers who were females were not given promotion because there was denial of same access to employment opportunities and responsibilities as that of the male counterparts. In many cases female candidates with many years of work experience and efficiency were not allowed to be promoted only because of the reason that they were females. The ability of the female correctional officers will often be questioned by the...
6 Pages(1500 words)Essay

Correctional Officers

...Correctional officers hold one of the most stable jobs in the country. This is brought about by the decreasing number of applicants attracted to the work due to the 'negative' impressions attached to the work, and the apparent 'threats' and 'hazards' posed by working in prison facilities (US Labor Dept., 2007). Although these contentions have bases, federal and states governments have exerted efforts in improving and securing prison establishments for the safety of correctional officers. All over the United States, correctional officers work under the county, state and federal governments and in order to understand the nature of this work, it is imperative to take a closer look at the...
4 Pages(1000 words)Essay

Correctional Education

...of communication between staff and inmates, and provide opportunities for diversion from pains of imprisonment in ways that legitimate and reinforce law-abiding norms. State of Research Despite the availability of educational programs in penal institutions for well over two centuries, meaningful research and analysis is a relatively recent development. Early studies were skewed by retributive or utilitarian philosophies of punishment that essentially dismissed the idea of educating convicts, by the psychology of control so common in correctional bureaucracies, or by an overblown philanthropy that sought to educate convicts without due regard for either the essential punitive foundations of the criminal...
12 Pages(3000 words)Essay

Case Law: MIKE vs FF LTD

...Case Law MIKE VS FF LTD Introduction Before we cross the threshold to the solution we must discuss certain terms and its relevancy in this given case to comprehend what should be the ultimate solution which will be helpful to the plaintiff to realize the damages from the defendants. The terms which should be figured out to the plaintiff are, 1. Extent and scope of liabilities of vendors 2. Extent and scope of liabilities of builder 3. Various aspects of the term vicarious liability. We shall discuss these aspects one by one to arrive at a precise suggestion. Liabilities of vendors There are laws...
6 Pages(1500 words)Case Study

Correctional Policy

...100,000 and France which has an incarceration rate of 85 per 1000 population. The numbers are staggering and must be understood if one hopes to tackle the issue of criminal justice reform and correctional policy reform in the 21st century (Tony, 2001; Statistics Canada, 2008). Seeking to address the fundamental issues associated with an overcrowded prison system and to propose a means through which correctional policy reform can be undertaken in the Canadian context, the following will argue that restorative justice will provide the answer to Canadas incarceration woes. This policy brief will be structured in the following manner in order to properly address the problems associated with over...
7 Pages(1750 words)Essay

CORRECTIONAL PSYCHOLOGY

.... 27, No. 2 (April, 2005) Norton, S.C. (2005) Successfully Managing Mentally Ill Offenders: Thoughts and Recommendations, Corrections Today, February 2005 Reid, W.H. & Gacono, C. (2000). Treatment of Antisocial Personality, Psychopathy, and Other Characterologic Antisocial Syndromes. Behavioral Sciences & the Law, 18(5), 647-662. Sabbatine, R. (2007) An "Extended Care" Community Corrections Model for Seriously Mentally Ill Offenders, Mental Health Issues in the Criminal Justice System. Pp. 55-57. Available online at http://jor.haworthpress.com Smith, I.C.(2005) “Solution-focused brief therapy with people with learning disabilities: a case study” British...
10 Pages(2500 words)Research Paper

Correctional philosophy

...Stiffer Sentences and Drug Use America has been on war against drugs since the time of President Nixon who declared war on drugs in 1971. Since then,the nation adopted various strategies and introduced various policies from time to time. According to reports, the nation spends nearly $ 50 billion a year to eradicate drugs but ends up capturing less than 10 percent of the illicit drugs. However, the period witnessed a ten- fold increase in drug convictions. It rose from 15 persons per 100,000 adults in 1980 to 148 prisoners in 1996. That means at present, more than half of the jail inmates reached there on drug convictions (Zakaria). Clearly, the war on drugs has dramatically increased the influx of inmates to the...
1 Pages(250 words)Essay

Case Note: Microsoft vs. Commission Law

...CASE NOTE ON C-T-201/04 Microsoft v Commission (2007) ECR II-3601. Introduction EC competition law is one of the fundamental policies of the Community and is mentioned in general terms in the preambles and Article 2 and 3 of the EC Treaty1. The principal provisions of EC competition policy are enshrined in Articles 81 and 82 of the EC Treaty2. Article 81 governs prohibited agreements and practices and in particular prohibits: agreements between undertakings, decisions by associations if undertakings and concerted practices which have as their object or effect the prevention, restriction or distortion of competition with the Common market”. Additionally, Article 81(2) provides that “any agreements or...
10 Pages(2500 words)Case Study
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Correctional Law: Whitley vs. Alberts Case for FREE!

Contact Us