penological


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Judge McMillian clearly identified the right implicated by the Bureau of Prisons' policy, (139) opined that such a right survives incarceration subject to legitimate penological interests, (140) and applied the four-factor test set forth in Turner.
notes that there is a dearth of trustworthy information concerning prison management,(41) no uniformity among prisons concerning penological goals,(42) and only "fragmentary knowledge and untried opinions about how to improve prisons.
In the McCann case, extensive evidence was called from multiple psychological experts, who made clear that the effects of extreme isolation did not serve legitimate penological purposes, and that other means of separating prisoners from the general prison society would be less destructive.
The appeals court held that the district court erred in dismissing the equal protection claim, even though the complaint was deficient because it did not plead facts sufficient to show that the inmate's classification as an escape risk lacked a rational basis or a reasonable relation to a legitimate penological interest.
Without a framework for considering penological interest, prison officials therefore effectively decide what is "objectively" bad and the proverbial fox is left guarding the hen house.
According to this reading, their penological theories speak only to the degree of punishment, not to the identity of the actor with whom the obligation to judge the justness of the punishment rests.
Applying Turner, the court ruled that the detention center's ban on outside publications was reasonably related to legitimate penological interests.
The first factor of the Turner test is whether the prison policy has a reasonable relationship to legitimate penological interests.
86) Justice Kennedy wrote a concurring opinion that delineated four principles of proportionality review--"the primacy of the legislature, the variety of legitimate penological schemes, the nature of our federal system, and the requirement that our proportionality review be guided by objective factors"--which together "inform the final one: The Eighth Amendment does not require strict proportionality between crime and sentence.
13) In 1990, the Eighth Circuit, assumed without deciding, that the right to procreate survives incarceration, (14) but held that a government-imposed restriction on a male prisoner's ability to exercise that right through artificial means was reasonably related to achieving legitimate penological objectives.
The court found that individuals classified as sex offenders, both imprisoned and on probation, sufficiently alleged that Colorado policies restricting their contact with family members, and particularly with their children, were not rationally related to any legitimate penological interest, as required to support their claims that these policies violated their First and Fourteenth Amendment rights related to familial association and due process.
As a result, the Court held in each case that the standard penological justifications for punishment simply do not make sense when applied to juveniles.