1. Accreditation will not eliminate lawsuits. As counsel for a correctional agency, do you believe it would be advisable for your agency to apply for accreditation? Assuming that your agency is accredited, what benefit, if any, does it have for your defense of the agency?
2. Boot camps, as noted in Yeskey, have the potential to provide the inmate with an earlier opportunity for release. Decide whether this is an appropriate policy and course of action. You may examine the boot camp policies for various states and see how these states deal with the issue of early release. Support your response.
3. One federal court of appeals has ruled that Title II of the ADA does not apply to private prison corporations (Edison v. Douberly (11th Cir. 2010)). Assume that Alpha and Beta are identical twins convicted and sentenced for the same offense. Each also has the same disability that would be protected by Title II of the ADA. Alpha is confined to a government-operated facility, and his disability is accommodated. Beta is confined in a private correctional facility, and his disability is not accommodated. Should Beta be able to sue the state to be placed in an ADA-compliant facility? If the state fails to do so, may Beta sue the state for its failure to assign him to an ADA-compliant facility? What if Alpha and Beta were confined in separate state facilities, and one was ADA compliant and the other was not? Could Beta bring an action to be housed in an ADA-compliant facility?
4. Bell v. Wolfish (1979): Leading case on constitutional requirements for jail conditionsstandards set in Bell-Because of due process protections, a pretrial inmate may not be punished. Under due process, a detainee may not be deprived of his or her liberty without due process of law. How to tell if the inmate is being punished?