The Impact of Court Decisions on the Correctional Process

Abstract

This article challenges the common assertion by correctional administrators that court decisions impair the effectiveness of correctional programs by restricting the discretion of administra tors. On the contrary, most courts still maintain a "hands off" policy, allowing abuses to continue, to the detriment of the prisoners, probationers and parolees, and the correctional sys tems. Most decisions upholding the rights of prisoners, proba tioners, and parolees are resisted by administrators and have little restraining effect on administrative discretion. The power of administrators is great and, if exercised with sympathy to grievances, would improve rather than impair the effectiveness of correctional services.