Discretion, Due Process, and the Prison Discipline Committee

Abstract

Prison discipline received considerable attention from both the courts and professional organizations during the decade of the 1970s. It was widely assumed that the due process requirements which resulted from judicial review coupled with the promulgation of model discipline standards and procedures would limit the broad discretionary authority found in the traditional prison disciplinary process. A case study of the activities of one prison discipline committee suggests that these external pressures have had less impact on decision-making than such internal pressures as overcrowding. Due process requirements have not greatly inhibited the exercise of discretion in the prison discipline process.