Thursday, July 25, 2013

Lingo: Legitimate Penological Interests

To elaborate on the concept of "legitimate penological interests" as used in my last post, I tracked down what appears to be the defining language:
"One of the primary functions of government is the preservation of societal order through enforcement of the criminal law, and the maintenance of penal institutions is an essential part of that task. The identifiable governmental interests at stake in this task are the preservation of internal order and discipline, the maintenance of institutional security against escape or unauthorized entry, and the rehabilitation of the prisoners."

— from Procunier v. Martinez (416 U.S. 396) in 1974

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