Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 2 of 2
Full-Text Articles in Entire DC Network
Due Process Implications Of Prison Transfers, Eugene Murphy
Due Process Implications Of Prison Transfers, Eugene Murphy
University of Richmond Law Review
One of the several anomalies of prison life is the disparate protection afforded inmates transferred to higher security. Although both punitive and administrative transfers often place the inmate in the same building under almost identical conditions, only disciplinary transfers are generally conceded to give rise to due process protection. The inmate confined in isolation for fifteen days as punishment for misconduct is guaranteed a hearing with advance written notice and the rights to present testimony and receive a written decision. On the other hand, the prisoner confined indefinitely in segregation for supposed administrative reasons has such due process rights only …
Termination Of Indigents' Parental Rights After Lassiter:Ignoring Complexity And Protecting The Best Interests Of Psychological Parents, Roy M. Sobelson
Termination Of Indigents' Parental Rights After Lassiter:Ignoring Complexity And Protecting The Best Interests Of Psychological Parents, Roy M. Sobelson
University of Richmond Law Review
Of all the civil remedies a state may utilize against its citizens, perhaps the most severe is the termination of one's parental rights. Having been described as a "tearing of the flesh," it clearly represents one of our system's most egregious infringements on the fundamental rights associated with the raising of one's family. While little uniformity exists among the states in terms of grounds for termination, procedures, courts utilized, terminology, and standards of proof required at trial or on appeal, all states have some form of termination remedy available. Most terminations, whether made in conjunction with prospective adoptions or independent …