SAGE Journal Articles
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Abstract
This study examines the attitudes and beliefs of U.S. state prison wardens toward prison rape since the implementation of the Prison Rape Elimination Act (PREA), signed into law in 2003. PREA mandates a zero-tolerance policy for sexual assaults within correctional systems and requires comprehensive collection of national data on prison rape and sexual assault. Prison wardens play a key role in the implementation and enforcement of prison policies and it is important to assess their attitudes and beliefs toward prison rape. To date, there has been only one study conducted that examines wardens' attitudes toward prison sexual assault, and it was completed before the implementation of PREA. It found that a majority of the wardens surveyed reported that their prison rape and sexual assault policies were considerably less effective than staff training and increased inmate supervision. The current study replicates the prior study in a post-PREA environment.
Abstract
Supreme Court decisions affecting prisoners' rights assumed special importance during the Rehnquist Court era (1986 to 2005) because rapidly expanding prison populations placed more individuals' daily lives under the influence of corrections law. Substantive legal analysis reveals that the Rehnquist Court produced important decisions establishing new analytical tests that helped to guide lower court decisions and counteracted previous expansions of prisoners' rights. In particular, the Rehnquist Court's tests emphasized deference to corrections officials, significant proof thresholds for Eighth Amendment claims, and strict standing requirements for access-to-courts claims.