The death penalty, as administered in our state, fails to serve any legitimate penological
goal; thus, it violates article I, section 14 of our state constitution." This does not weaken our justice system -- it actually becomes stronger when there's equal justice under the law.
Executions occur decades after the crimes, which serves no penological
purpose, yet due process requires a deliberate pace.
The Eighth Amendment prohibits prison staff from subjecting inmates to excessive force without a legitimate penological
purpose, from deliberately failing to prevent other staff from using unlawful force, and from acting with deliberate indifference to inmates serious medical needs.
Even when a prison policy or practice substantially burdens a prisons religious exercise, it will not violate the First Amendment if the government can demonstrate that it is reasonably related to legitimate penological
"[...] A prison inmate retains those First Amendment rights that are not 'inconsistent with his status as a prisoner or with the legitimate penological
objectives of the corrections system.' Pell v.
While some of that can be attributed to better penological
practices, the gangs clearly deserve some credit.
not err in finding that the MDOC had no valid penological
Finally, she reflects on whether Americans are as punitive as they think they are, whether contemporary penal practices mean what people think they do, and what sub-national variations reveal about contemporary penological
ideals and practices.
brains are different than adults, that the penological
(5) goals of the
(25) Although the Court denied the prisoner's claim, it reasoned that a denial or delay of medical care, or an interference with prescribed treatment to a prisoner, would result in pain and suffering that does not serve any penological
result in pain and suffering that serves no penological