Criminal Law Commons^™

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 …