123) Judge McMillian agreed with the majority that equal treatment of inmates--which the Bureau of Prisons asserted as its interest--is "a neutral and legitimate penological
Part I of this Note sketches a brief history of prisoners' religious rights before RFRA and discusses how RFRA purported to redefine the way courts balanced religious free exercise against penological
The constitutional claim was that the restriction violated the First Amendment's protection of free expression, and that it was not justified because the restriction bore no relation to a legitimate penological
According to the court, compulsory savings accounts for release-eligible prisoners did not violate substantive due process because they were rationally related to a legitimate penological
purpose of ensuring that inmates had funds upon release to ease their transition into free society.
These questions are further complicated because of the undefined role that the penological
interest underlying a condition plays in this determination.
52) Though not speaking directly of the pardon power, the underlying penological
theory grounding Jefferson's thinking linked punishment to justice and intent and would have been a background for the foundations of justice and mercy reflected in the pardon authority.
Is the force being applied for a legitimate penological
purpose for the security of the institution, and then only as much force as is necessary to accomplish the purpose?
Safley (1987), the Supreme Court ruled that in order to determine if a prison regulation that burdens constitutional rights is valid, a court has to examine whether it is reasonably related to legitimate penological
objectives or whether it represents an exaggerated response to those concerns.
8) Correctional institutions, however, under the pretext of penological
interests, have implicitly intimidated women into carrying fetuses to term by their prison abortion policies.
The commission also concluded that "there is no compelling evidence that the New Jersey death penalty rationally serves a legitimate penological
According to the court, the prisoner presented the "very archetype of a cognizable First Amendment retaliation claim" in alleging that prison officials: (1) arbitrarily confiscated, withheld and eventually destroyed his property, threatened to transfer him to another facility, and ultimately assaulted him; (2) because he; (3) exercised his First Amendment rights to file prison grievances and otherwise seek access to the legal process, and that; (4) beyond imposing those tangible harms, the officers' actions chilled the prisoner's First Amendment rights; and (5) were not undertaken in narrowly tailored furtherance of legitimate penological
1) Time and again, when prisoners have claimed that a government action deprived them of a fundamental right, the Court has applied a rational-basis analysis, holding that the government should prevail as long as the action was "reasonably related to a legitimate penological