SOC301H5 Lecture 4: Lecture 4
Document Summary
If you call it administrative segregation, it is not considered punishment. There has been a judicial deference, the way punishment is conducted by authorities. Bacon (bc) 2010: surrey 6 1st degree murder, pre-trial was cup, arbitrary deprivations the ones that are obviously guilty that courts have the least trouble of stripping away their rights. Ex. 2 palmantier (nwt) 2014: cup of administrative segregation. The judge showing no deference to prison authorities: staff could always have hypothetical to justify deprivation. Remove mattress because: judge is basically saying that you can come up with a hypothetical reason for anything. You can"t allow for this, there needs to be some clear reasoning. Normalized and routine: administrative segregation is used for safety and security reasons not for punishment. Need external oversight: trying to surcomevent the rules, need external oversight. Potential in civil cases: lack of lawyers, help to prisoners. Griselda jonuzaj: new institutional concern for litigation. It seems before this time, there is judicial deference.
