Veterans in State and Federal Prison, 2004
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Transform the Harsh Economic Reality of Working Inmates
Journal of Civil Rights and Economic Development Volume 27 Issue 4 Volume 27, Winter 2015, Issue 4 Article 4 Emancipate the FLSA: Transform the Harsh Economic Reality of Working Inmates Patrice A. Fulcher Follow this and additional works at: https://scholarship.law.stjohns.edu/jcred This Notes and Comments is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in Journal of Civil Rights and Economic Development by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. EMANCIPATE THE FLSA: TRANSFORM THE HARSH ECONOMIC REALITY OF WORKING INMATES PATRICE A. FULCHER* ABSTRACT Prisoner labor is a booming American industry. The 2.3 million people in the United States of America ("U.S.") behind bars serve as human resources sustaining the Prison Industrial Complex. In a less economically depressed market, perhaps there would be national prison reform campaigns geared toward decreasing the prison population. But in today's economic climate, the increase of U.S. inhabitants sentenced to prison has helped to quench the thirst for cheap, and in many instances, free laborers. Proponents of the use of inmate labor in the U.S. have argued that inmates should not be paid minimum wages because working for free is a part of the punishment for their crime. However, critics maintain that forcing inmates to work for free is the rebirth of chattel slavery. In order to protect the rights of workers, Congress passed the Fair Labor Standards Act ("FLSA") in 1938, which in part, established the national minimum wage requirement. -
Law Reports of Trial of War Criminals, Volume V, English Edition
REPORTS OF TRIALS OF WAR CRIMINALS Selected and prepared by THE UNITED NATIONS WAR CRIMES COMMISSION, VOLUME V LONDON PUBLISHED FOR THE UNITED NATIONS WAR CRIMES COMMISSION BY HIS MAJESTY'S STATIONERY OFFICE 1948 Price 5S. od. net. ------~-----~-----~----~--_._-----_.- Oficial PublicatiolJs on THE TRIAL OF GERMAN 11AJOR WAR CRIMINALS AT NUREMBERG H JUDGMENT Judgment of the International Military Tribunal for the Trial of German Major War Criminals: September 30 and October 1, 1946 (Cmd. 6964) 25. 6d. (2s. 3d.) Errata Gratis SPEECHES Opening speeches of the Chief Prosecutors 2s. 6d. (2s. 9d.) Speeches of the Chief Prosecutors at the Close of the Case against the Individual Defendants 35. (3s. 4d.) Speeches of the Prosecutors at the Close of the Case against the Indicted Organisations 25. 6d. (2s. 9d.) PRICES IN BRACKETS INCLUDE POSTAGE II CONTINUED ON PAGE iii OF COVER i: i: __________..-n ----.:; ~__.._ IL LAW REPORTS OF TRIALS OF WAR CRIMINALS Selected and prepared by the UNITED NATIONS WAR CRIMES COMMISSION Volume V LONDON: PUBLISHED FOR . THE UNITED NATIONS WAR CRIMES COMMISSION BY HIS MAJESTY'S STATIONERY OFFICE 1948 CONTENTS PAGE FOREWORD BY THE RT. HON. THE LORD WRIGHT OF DURLEY vii THE CASES: 25. TRIAL OF LIEUTENANT - GENERAL SmGERU SAWADA AND THREE OTHERS. United States Military Commission, Shanghai (27th February, 1946-15th April, 1946) 1 A. OUTLINE OF THE PROCEEDINGS 1 1. THE CHARGES 1 2. THE EVIDENCE .. 2 3. THE VERDICT AND SENTENCES 6 B. NOTES ON THE CASE.. 8 1. A PLEA TO THE JURISDICTION OF THE COURT 8 2. DENIAL OF A FAIR TRIAL 10 3". -
71 Stat.] Public Law 85-117-Aug
312 PUBLIC LAW 85-117-AUG. 2, 1957 [71 ST AT. Public Law 85-117 August 2, 1957 AN ACT [H. R. 7665] Making appropriations for the Department of Defense for tlie fiscal year ending June 30,1958, and for other purposes. Be it enacted hy the Senate and House of Representatives of the Dep art m ent of Defense Appropri United States of America in Congress assembled^ That the following ation Act, 1958. sums are appropriated, out of any money in the Treasury not other wise appropriated, for the fiscal year ending June 30, 1958, for mili tary functions administered by the Department of Defense, and for other purposes, namely: TITLE I OFFICE OF THE SECRETARY OF DEFENSE SALARIES AND EXPENSES For expenses necessary for the Office of the Secretary of Defense, including purchase (not to exceed five for replacement only at not to exceed $3,000 each) and hire of passenger motor vehicles; and not to exceed $60,000 for emergency and extraordinary expenses, to be expended under the direction of the Secretary of Defense for such purposes as he deems proper, and his determination thereon shall be final and conclusive; $15,900,000. OFFICE OF PUBLIC AFFAIRS For salaries and expenses necessary for the Office of Public Affairs, $450,000. TITLE II IXTERSERVICE ACTIVITIES CLAIMS For payment of claims by the Office of the Secretary of Defense, the Army (except as provided in appropriations for civil functions administered by the Department of the Army), Navy, Marine Corps, and Air Force, as authorized by law; claims (not to exceed $1,000 in any one case) for damages -
Lenient in Theory, Dumb in Fact: Prison, Speech, and Scrutiny
\\jciprod01\productn\G\GWN\84-4\GWN403.txt unknown Seq: 1 19-JUL-16 10:28 Lenient in Theory, Dumb in Fact: Prison, Speech, and Scrutiny David M. Shapiro* ABSTRACT The Supreme Court declared thirty years ago in Turner v. Safley that prisoners are not without constitutional rights: any restriction on those rights must be justified by a reasonable relationship between the restriction at issue and a legitimate penological objective. In practice, however, the decision has given prisoners virtually no protection. Exercising their discretion under Tur- ner, correctional officials have saddled prisoners’ expressive rights with a host of arbitrary restrictions—including prohibiting President Obama’s book as a national security threat; using hobby knives to excise Bible passages from let- ters; forbidding all non-religious publications; banning Ulysses, John Updike, Maimonides, case law, and cat pictures. At the same time, the courts have had no difficulty administering the Religious Land Use and Institutionalized Per- sons Act (RLUIPA), which gives prisons far less deference by extending strict scrutiny to free exercise claims by prisoners. Experience with the Turner stan- dard demonstrates that it licenses capricious invasions of constitutional rights, and RLUIPA demonstrates that a heightened standard of review can protect prisoners’ expressive freedoms without compromising prison security. It is time for the Court to revisit Turner. TABLE OF CONTENTS INTRODUCTION ................................................. 973 R I. TURNER IN THE SUPREME COURT ...................... 980 R II. TURNER IN THE LOWER COURTS ....................... 988 R A. Hatch v. Lappin (First Circuit) ...................... 989 R B. Munson v. Gaetz (Seventh Circuit) ................. 990 R C. Singer v. Raemisch (Seventh Circuit) ............... 991 R D. -
Russian Federation: Prison Transportation in Russia: Travelling
PRISONER TRANSPORTATION IN RUSSIA: TRAVELLING INTO THE UNKNOWN AMNESTY INTERNATIONAL IS A GLOBAL MOVEMENT OF MORE THAN 7 MILLION PEOPLE WHO CAMPAIGN FOR A WORLD WHERE HUMAN RIGHTS ARE ENJOYED BY ALL. Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights standards. We are independent of any government, political ideology, economic interest or religion and are funded mainly by our membership and public donations. © Amnesty International 2017 Except where otherwise noted, content in this document is licensed under a Creative Commons Cover photo: View from a compartment on a prisoner transportation carriage. (attribution, non-commercial, no derivatives, international 4.0) licence. © Photo taken by Ernest Mezak https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode For more information please visit the permissions page on our website: www.amnesty.org Where material is attributed to a copyright owner other than Amnesty International this material is not subject to the Creative Commons licence. First published in 2017 by Amnesty International Ltd Peter Benenson House, 1 Easton Street London WC1X 0DW, UK Index: EUR 46/6878/2017 Original language: English amnesty.org CONTENTS EXECUTIVE SUMMARY 5 MAIN RECOMMENDATIONS 7 DISTANCE FROM HOME AND FAMILY 7 TO COMBAT CRUEL, INHUMAN AND DEGRADING TREATMENT 7 CONTACT WITH THE OUTSIDE WORLD 7 METHODOLOGY 8 1. BACKGROUND: RUSSIAN PENAL SYSTEM 9 2. DISTANCE FROM HOME AND FAMILY 10 2.1 GENDER AND DISTANCE 14 2.2 LEGAL CHALLENGES ON DISTANCE 15 2.3 INTERNATIONAL HUMAN RIGHTS STANDARDS 15 3. CRUEL, INHUMAN AND DEGRADING TREATMENT 17 3.1 TRANSPORTATION BY TRAIN 18 3.2 TRANSPORTATION IN PRISON VANS 19 3.3 LEGAL CHALLENGES ON CONDITIONS 21 3.4 ACCESS TO MEDICAL CARE 22 3.5 ACCESS TO TOILETS 22 3.6 INTERNATIONAL HUMAN RIGHTS STANDARDS 23 4. -
BOP Legal Resource Guide
U.S. Department of Justice Federal Bureau of Prisons LEGAL RESOURCE GUIDE TO THE FEDERAL BUREAU OF PRISONS 2019 * Statutes, regulations, case law, and agency policies (Program Statements) referred to in this Guide are current as of February 2019. Table of Contents I. INTRODUCTION 1 A. The Bureau of Prisons Mission 2 B. This Publication 2 C. Websites 2 D. District of Columbia (D.C.) Code Felony Offenders 3 II. PRETRIAL ISSUES 3 A. Pretrial Detention 3 B. Pretrial Inmate Health Care 3 III. EVALUATION OF OFFENDER MENTAL CAPACITY 4 A. Pretrial: Mental Evaluation and Commitment: 18 U.S.C. § 4241 5 B. Pretrial: Determination of Insanity at Time of Offense and Commitment: 18 U.S.C. §§ 4242, 4243 6 C. Conviction and Pre-Sentencing Stage: Mental Condition Prior to Time of Sentencing: 18 U.S.C. §4244 6 D. Post-Sentencing Hospitalization: 18 U.S.C. § 4245 7 E. Hospitalization of Mentally Incompetent Person Due for Release: 18 U.S.C. § 4246 7 F. Civil Commitment of a Sexually Dangerous Person: 18 U.S.C. § 4248 8 G. Examination of an Inmate Eligible for Parole: 18 U.S.C. § 4205 9 H. Presentence Study and Psychological or Psychiatric Examination: 18 U.S.C. § 3552(b)-(c) 9 I. State Custody, Remedies in Federal Courts: 28 U.S.C. § 2254; Prisoners in State Custody Subject to Capital Sentence, Appointment of Counsel, Requirement of Rule of Court or Statute, Procedures for Appointment: 28 U.S.C. § 2261 9 IV. SENTENCING ISSUES 9 A. Probation and Conditions of Probation 10 1. Community Confinement 10 2. -
United States Department of Justice Federal Prison System
United States Department of Justice Federal Prison System FY 2020 PERFORMANCE BUDGET Congressional Submission This Page Is Intentionally Left Blank iii Table of Contents Page No I. Overview............................................................................................................................ 1 A. Introduction .................................................................................................................. 1 B. Population – Past and Present ....................................................................................... 6 C. Inmate Programs ........................................................................................................... 8 D. Challenges ....................................................................................................................10 E. Best Practices ................................................................................................................14 F. Full Program Costs ........................................................................................................15 G. Environmental Accountability ......................................................................................16 II. Summary of Program Changes .....................................................................................19 III. Appropriations Language and Analysis of Appropriations Language ....................20 IV. Program Activity Justification A. Inmate Care and Programs ..........................................................................................21 -
How German Soldiers Spent World War II in Brown County, Texas
PRISONERS, NOT CRIMINALS: HOW CAPTURED GERMAN SOLDIERS SURVIVED WORLD WAR II IN CENTRAL TEXAS James N. Dunning The University of Texas at Arlington April 2011 1 PRISONERS, NOT CRIMINALS: HOW CAPTURED GERMAN SOLDIERS SURVIVED WORLD WAR II IN CENTRAL TEXAS On a warm Friday afternoon, under a bright Texas sun, the sound of 300 pairs of marching boots echoed through the rolling hills of Brown County. As the contingent of battle- worn, weary soldiers passed through the main gates of Camp Bowie, a U.S. Army base outside Brownwood, Texas, a chorus rang out like a clarion alarm: Deutschland, Deutschland über alles, Über alles in der Welt Army and civilian personnel rushed from their work stations out to the dusty streets to watch as the first wave of German prisoners of war passed by, marching to their new homes, proudly singing their nation’s anthem. Despite their soiled and tattered uniforms, they puffed out their chests and marched side-by-side with their fellow countrymen. For many, like former Camp Bowie librarian Wynelle Hewitt, the arrival of German soldiers in Central Texas on August 13, 1943, was a watershed moment during World War II. The enemy, they would recall, had finally reached their homes: I was working in the Camp Bowie Library No. 1. … And they [German POWs] walked right by the library. They had those steel boots on, you know? Klompity, klompity, klomp. And they were singing their national anthem. And that made the hair stand straight up on the back of your head! It was really, really nerve- wracking in a way because you didn’t know what they were going to do.1 Hewitt watched as the German POWs marched past the post office and whites-only service club, past Theater No. -
Predicting Major Prison Incidents
PREDICTINQ MAJOR PRISON Criminology Research Council Grant 12/87 SUMMARY OF REPORT This report reviews the nature and causes of major prison incidents, and also investigates the extent to which their occurrence can be predicted by monitoring indicators of the prison environment, especially minor incidents and disciplinary reports. Major prison incidents, such as fires, riots, mass escapes and hostage-taking, are important features of custodial systems. They can cause enormous material damage and extensive human suffering in a short space of time. Planning for their prevention and control is a significant pre-occupation amongst corrections administrators, and the management of a major incident may be the most rigorous test prison managers are likely to face. Major prison incidents have a number of features that distinguish them from other forms of violent or disruptive behaviour that occur in prisons. They are: collective events, involving large groups of prisoners; of relatively short duration; involve a loss of control over part or all of the facility; often have significant political or administrative consequences. Explaining the causes of major prison incidents A variety of theoretical models have been proposed to explain major incidents. One way to characterise theoretical models is as "internal" or "external" models. Internal models emphasise the characteristics or conditions of prisons that give rise to violence. On the other hand, external models give precedence to the characteristics that prisoners bring into the system that make them prone to violence. Integrated theories that combine these two approaches have also been proposed. Other theoretical approaches consider the breakdown of normal social structures that occurs in prisons, including disorganization in prison administration, that makes violent upheaval more likely. -
Inmate Handbook
INMATE HANDBOOK FEDERAL CORRECTIONAL INSTITUTION PHOENIX, ARIZONA 1 Revised March 2013 INTRODUCTION The information contained in this handbook is current as of the date of publication. This booklet is designed to inform new arrivals to FCI Phoenix of information particular to this institution. Bureau of Prisons Program Statements and FCI Phoenix Institution Supplements can be found in the institution Law Library and all inmates are responsible for being aware of the contents of those. Additionally, various updates are posted in the Unit Bulletin Boards. MISSION It is the mission of FCI Phoenix to securely, safely and humanely house offenders and to offer a variety of educational and vocational opportunities. DIVISIONS Under the Warden, FCI Phoenix is divided into three principle divisions. Programs: Under the supervision of the Associate Warden of Programs Unit Management Correctional Services Religious Services Case Management Coordinator Drug Abuse Program Psychology Services Inmate Systems Operations: Under the supervision of the Associate Warden of Operations Health Services Safety Business Office Employee Services Mechanical Services Trust Fund Computer Services Food Service Industries and Education: Under the supervision of the Associate Warden of Industries and Education UNICOR Recreation Education The Attorney Advisor reports directly to the Warden. This institution is under the supervision of the Western Regional Office of the Bureau of Prisons, located in Stockton, California. The staff of the Western Regional Office, under the direction of the Regional Director, provides management and technical assistance to our personnel. The staff of the Central Office control and coordinate all activities of the Federal Prison System and are under the guidance of the Director. -
Prisons in Israel Judith D
If you have issues viewing or accessing this file contact us at NCJRS.gov. -.... ,..- -.,.--- ,..- I ~'" • • I • , I ~~~~ - - ~ ..'~ • ~ r ~ "'e';:'• ~ •• \. '.:. " .. '. " "1\ .f • ... , '\ , f ,: ' I' " l • 'JIf'"~, ' , , -• ," ~ " j' '. ~ , ,," , ~ • , , , • • • '.~,.: • • '-".~ <.-. ,~: , ~ " • .,1" .., 'I \ " • r· \,\~ ~;::':r:~:',: -~ .;........ ~ ;.,.,~; ,. -\10' " '" ~ Cpp ... -,~ ,~ - • ~ , .. .' .. .'" ...-- Federal Bureau of Prisons Mission Statement The Federal Bureau of Prisons protects society by confining offenders in the controlled environments of prisons and community-based facilitieg that are safe, humane, and appropri ately secure, and which provide work and other self-improve ment opportunities to assist offenders in becoming law-abiding citizens. Cultural Anchors/Core Values II Bureaufamily The Bureau of Prisons recognizes that staff are the most valuable resource in accomplishing its mission, and is commit ted to the personal welfare and professional development of each employee. A concept of "Family" is encouraged through healthy, supportive relationships among staff and organization responsiveness to staff needs. The active participation of staff at all levels is essential to the development and accomplishment of organizational objectives. .. Soulld correctional management The Bureau of Prisons maintains effective security and control of its institutions utilizing the least restrictive means necessary, thus providing the essential foundation for sound correctional management programs . .. Correctional workersjirst All Bureau of Prisons staff share a common role as correctional worker, which requires a mutual responsibility for maintaining safe and secure institutions and for modeling society's mainstream values and nonns. III Promotes illfegrity The Bureau of Prisons finnly adheres to a set of values that promotes honesty and integrity in the professional efforts of its staff to ensure public confidence in the Bureau's prudent use of its allocated resources. -
Travel Guide
TRAVEL GUIDE Traces of the COLD WAR PERIOD The Countries around THE BALTIC SEA Johannes Bach Rasmussen 1 Traces of the Cold War Period: Military Installations and Towns, Prisons, Partisan Bunkers Travel Guide. Traces of the Cold War Period The Countries around the Baltic Sea TemaNord 2010:574 © Nordic Council of Ministers, Copenhagen 2010 ISBN 978-92-893-2121-1 Print: Arco Grafisk A/S, Skive Layout: Eva Ahnoff, Morten Kjærgaard Maps and drawings: Arne Erik Larsen Copies: 1500 Printed on environmentally friendly paper. This publication can be ordered on www.norden.org/order. Other Nordic publications are available at www.norden.org/ publications Printed in Denmark T R 8 Y 1 K 6 S 1- AG NR. 54 The book is produced in cooperation between Øhavsmuseet and The Baltic Initiative and Network. Øhavsmuseet (The Archipelago Museum) Department Langelands Museum Jens Winthers Vej 12, 5900 Rudkøbing, Denmark. Phone: +45 63 51 63 00 E-mail: [email protected] The Baltic Initiative and Network Att. Johannes Bach Rasmussen Møllegade 20, 2200 Copenhagen N, Denmark. Phone: +45 35 36 05 59. Mobile: +45 30 25 05 59 E-mail: [email protected] Top: The Museum of the Barricades of 1991, Riga, Latvia. From the Days of the Barricades in 1991 when people in the newly independent country tried to defend key institutions from attack from Soviet military and security forces. Middle: The Anna Akhmatova Museum, St. Petersburg, Russia. Handwritten bark book with Akhmatova’s lyrics. Made by a GULAG prisoner, wife of an executed “enemy of the people”. Bottom: The Museum of Genocide Victims, Vilnius, Lithuania.