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- Title
Indeterminate Sentences in Supermax Prisons Based Upon Alleged Gang Affiliations: A Reexamination of Procedural Protection and a Proposal for Greater Procedural Requirements.
- Authors
Tachiki, Scott N.
- Abstract
In recent years, the power and pervasiveness of prison gangs have posed substantial problems for prison officials. Inresponse, many states have adopted policies that segregate "known" prison gang members to highly restrictive "supermax" prisons such as California's Pelican Bay State Penitentiary. Federal courts have held that an inmate accused of gang affiliation is entitled to certain procedural safeguards before being transferred to a supermax prison facility. Specifically, alleged prison gang members are afforded the same procedural protections as prisoners facing temporary administrative transfers. This Comment argues that equating the procedural protections due in administrative transits with those of supermax prison transfers based on gang affiliation disregards the severity of confinement in a supermax facility and the purpose upon which such facilities were built. In response, the author argues that the Due Process Clause of the Fourteenth Amendment necessitates that segregation decisions be based upon evidence of an actual infraction of prison rules, rather than the mere "status" of gang affiliation.
- Subjects
CALIFORNIA; UNITED States; INDETERMINATE sentences (Criminal procedure); PRISON gangs; PRISON laws
- Publication
California Law Review, 1995, Vol 83, Issue 4, p1115
- ISSN
0008-1221
- Publication type
Article
- DOI
10.2307/3480899