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148) The death penalty served no penological purpose, he argued, and was plagued by arbitrariness and an "unacceptable" risk of racial discrimination and error.
For the reasons discussed, the Department's approach to Chinese-language mail was reasonably related to legitimate penological objectives.
91) The SOC do not give credence to any legitimate penological concerns that may affect treatment, mandating that institutional settings should not impact treatment determinations.
32) Less deference is given to the prison where there are ready alternatives that would fully accommodate the prisoners' rights at "de minimis cost to valid penological interests.
Graham first pointed to a national consensus both that the diminished culpability of juveniles barred JLWOP for noncapital crimes and that the sentence was not justified under traditional penological theories.
impression that a punishment must not advance any penological purpose to
49) Assuming that capital punishment furthers these penological goals, the combination of prolonged confinement and execution may not.
Applying the Turner standard, courts have consistently invalidated restrictive abortion policies as failing to reasonably advance legitimate penological goals.
Safley (whereby the constitutional rights of inmates may be infringed by regulations "reasonably related to legitimate penological interests"), Congress passed the Religious Freedom Restoration Act (RFRA) in 1993 and the Religious Land Use and Institutionalized Persons Act (RLUIPA) in 2000.
8) The "penological goals of retribution, deterrence, incapacitation, and rehabilitation" (9) can justify a variety of legitimate penological schemes, "[a]nd the responsibility for making these fundamental choices and implementing them lies with the legislature.
The 21 chapters in volume one recount the theories of such early penological thinkers as Franci Filippo, Pope Clementi XI, John Howard, Thomas Eddy, Elizabeth Burney Fry, and Sarah Martin, and report early experiments at such institutions as the Ergasteria of Amsterdam, the Maison de Force, the Panopticon, and the Walnut Street Gaol.