Criminal Law - Nebraska Jails: Is the Handwriting on the Wall
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Authors
Schepers, Frank M.
Issue Date
1978
Type
Journal Article
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Abstract
INTRODUCTION|The handwriting is on the wall and it ought not to require a Daniel to read it. This observation was made by a United States district court in 1970 and suggested to Arkansas prison authorities the unqualified necessity of administering that state's prison system in a manner calculated to assure the protection of inmates' federal constitutional rights. The court left no doubt as to its meaning when it later stated: Let there be no mistake in the matter; the obligation of the Respondents [Arkansas prison officials] to eliminate existing unconstitutionalities does not depend upon what the Legislature may do, or upon what the Governor may do, or, indeed, upon what Respondents may actually be able to accomplish. If Arkansas is going to operate a Penitentiary System, it is going to have to be a system that is countenanced by the Constitution of the United States.|This theme will recur throughout this article, which will first summarize the statutory law of Nebraska which, at the present time, governs the authorization for and administration of this state's county and city criminal detention facilities. Second, it will analyze and discuss a proposal for minimum standards for local criminal detention facilities submitted to the Department of Correctional Services of the State of Nebraska by the Committee on Correctional Law and Practice of the Nebraska State Bar Association. In conjunction with the discussion of proposed minimum standards, this article will identify and summarize several recent federal judicial decisions which establish a minimum level for certain jail conditions and inmate rights...
Description
Citation
11 Creighton L. Rev. 150 (1977-1978)
Publisher
Creighton University School of Law