What does the term state-created rights mean within the context of corrections? What do you predict for the future of state-created rights?
What will be an ideal response?
The term state-created rights (also called protected liberties) evolved from court decisions recognizing prisoner entitlements based on provisions contained in prison regulations. If, for example, a regulation mandated a hearing before movement of a prisoner from the general population to solitary confinement, the courts found a violation of the prisoner’s state-created liberty if solitary confinement was imposed without the hearing being held. In response to extremely aggressive litigation by prisoners over everything from the color of the shoes they are issued to the flavor of the pie they are served at dinner, present-day prison administrators have become very cautious about the implementation of new regulations. Each is scrutinized so closely for legal compliance that it is unlikely a regulation will be enacted that inadvertently creates new prisoner entitlements.
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a. True b. False
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