CJMS 650 Legal Aspects within Criminal Justice


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Write a memo (under about 700 to 1000 words) to the local Sheriff who runs a county jail. The county jail holds inmates until their criminal trial is over and/or the case is ended. If the inmate is sentenced to prison by the court, the inmate is transferred to the state correctional institution for serving their sentence. The Sheriff’s jail facility is funded 75% by State and County taxes and 25% by Federal funding. The Sheriff is wondering if the Prison Rape Elimination Act of 2003 (PREA) (a federal mandate that took effect in 2012) applies to his local county jail. Specifically, advise on the following in your memo:

  • Find the law and explain why it was passed and its purposes;
  • Explain if it applies to local county jail facilities;
  • If it applies to the county jail facility, then outline to the Sheriff what the requirements are for his local jail to conform to this law;
  • Find an auditor that is certified under this law to do jail audits for conformance in your state—reference their name, address and contact information should the Sheriff wish to hire them;
  • Explain to the Sheriff how this law sets a “legal duty” owed standard now—and if the jail falls short on its duties and a prisoner is raped in jail, what is the Sheriff’s exposure to liability
  • Find at least one case via https://scholar.google.com/ and cite and explain it to the Sheriff relative to litigation involved with this law. Provide the direct link to the court opinion in your memo.
  • Describe in your memo the commission or board that has been vested with jurisdiction to set standards by this law.
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