TITLE

"PRISONERS OF THE MIND"?: THE INAPPROPRIATENESS OF COMPARING THE INVOLUNTARILY COMMITTED MENTALLY ILL TO PRETRIAL DETAINEES IN FOURTH AMENDMENT ANALYSES

AUTHOR(S)
Trevey, Carol
PUB. DATE
June 2011
SOURCE
University of Pennsylvania Journal of Constitutional Law;Jun2011, Vol. 13 Issue 5, p1435
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article presents information on the lack of privacy in case of confinement and the need of suspicionless searches before and after visitation. A focus is on the U.S. Fourth Amendment based on individualized suspicion in pretrial detainees and convicted prisoners and the legal status of the involuntarily committed. The institutional violence and the need of courts to refer the mental health professionals before judgments are also discussed.
ACCESSION #
76111546

 

Related Articles

  • Jones v. Murray: Allowing the government to get blood from a stone. Kier, Michael W. // Case Western Reserve Law Review;1992, Vol. 42 Issue 2, p635 

    Discusses the flaws of the decision of the United States District Court for the Western District of Virginia in the lawsuit filed by Lawrence Jones and other Virginia prisoners challenging the constitutionality of the Virginia DNA data bank statute. Fourth Circuit's affirmation of the district...

  • Court wrestles with F.O.I.A. and prisoners' rights.  // American Bar Association Journal;Jul79, Vol. 65 Issue 7, p1092 

    Reports on decisions and actions by the U.S. Supreme Court on prisoners' cases and other cases as of July 1979. Case on prisons, prisoners and prisoners' rights; Pretrial detention; Right to counsel waiver; Search and seizure; Covert entry into premises; Probable cause for searches and...

  • Privacy of Communication between Attorney and Spouse. Pike, Raymond Douglas // California Law Review;Mar1973, Vol. 61 Issue 2, p457 

    Discusses the California Supreme Court case 'North v. Superior Court,' which involved the issue of communication privacy between prisoner and spouse. Judicial opinion on the application of exclusionary rules; Facts of the case; Laws relevant to the case; Basis of the court decision.

  • Officer Tattles About Inmate's Call to "Another Woman." No Fourth Amendment Problem.  // Correctional Law Reporter;2010, Vol. 22 Issue 1, p5 

    The article focuses on the allegation of Marshal Franklin Metz, an inmate in New River Regional Jail in Virginia, which concerns on the violation of his privacy when a jail employee told his wife that he called another woman from jail that was dismissed by a federal judge after reviewing the...

  • Transfer to Noisy Mental Health Unit as Alleged Retaliation: Claim Fails. Cohen, Fred // Correctional Law Reporter;Dec2015/Jan2016, Vol. 27 Issue 4, p62 

    The article presents a court case in which a U.S. Court dismissed the complaint filed by an inmate over the intrusive body searches conducted by prison officers when the prisoners returned from outdoor recreation. In the case Martinez v. Tilton, an inmate filed a protest against his transfer to...

  • Community corrections and the Fourth Amendment. Rackmill, Stephen J. // Federal Probation;Sep93, Vol. 57 Issue 3, p40 

    Discusses the inconsistency of policies regarding searches made by probation officers on probationers' body, domicile, and things. Importance of the American Supreme Court's decision in `Griffin versus Wisconsin'; Justification of searches; Scope of searches; Mechanisms for appropriate...

  • Welcome Back, SCOTUS: 3 Supreme Court Cases to Watch in October 2014. Root, Damon // Hit & Run;10/1/2014, p165 

    The article discusses three cases that the U.S. Supreme Court is expected to hear in October 2014. Topics discussed include claims of unreasonable searches and seizures by the police in the case Heien v. North Carolina, exercise of prisoners' religious liberty in the case Holt v. Hobbs, and the...

  • Sloppy government in the prisons? MacQueen, Hector L. // Edinburgh Law Review;Sep2004, Vol. 8 Issue 3, p295 

    Reports that Lord Bonomy in the Court of Session held in the case of "Napier v Scottish Ministers 2004," held that the practice of prisoners "slopping out" in Scottish prisons violated provisions of the ECHR. Cruel and unusual punishment provision; Privacy provision; Granting of an extension of...

  • What Is a Search? Two Conceptual Flaws in Fourth Amendment Doctrine and Some Hints of a Remedy. Colb, Sherry F. // Stanford Law Review;Oct2002, Vol. 55 Issue 1, p119 

    Presents information on the protection clause of knowing exposure in the U.S. Fourth Amendment doctrine. Details on Fourth Amendment privacy; Scope of the knowing exposure clause; Discussion on searches, consensual exposure and risk taking; Examples of acts of strict liability crime; Conditions...

Share

Read the Article

Courtesy of VIRGINIA BEACH PUBLIC LIBRARY AND SYSTEM

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics