1. Texas standard operating procedures or rules of conduct that apply to the cruel and unusual punishment clause of the Eighth Amendment.
The state of Texas adheres to the Eighth Amendment and incorporates the amendment as Article 1.09 of its Code of Criminal Procedure. This means that the procedures in the granting of bail and the imposition of fines and punishments adhere to the standards set forth by the Eight Amendment. In the case of bail, the State of Texas allows bail through the presentation of a bail bond by the accused subject to the leave of the court, the magistrate after an examination of the accusations made against the person applying for release on bond or the judge if the bail bond is being sought under the principle of habeas corpus. This means that after a complaint has been filed against a person subjecting that person to the custody of law enforcement authorities, that person should apply for the grant of bail with the court. The magistrate or judge then considers the case in terms of the nature and severity of the accusation and the status of the accused such as the commission of previous offenses, the possibility of committing further crime when released on bail, and the possibility that the accused would abscond from the law when granted bail. These criteria constitute the standards used in determining the merits of granting bail. With regard to fines and punishment, the state of Texas follows the rules on punishment contained in Title 3 of its Penal Code. Objectives of the Penal Code, which also serve as standards in granting fines and punishments are: maintain public safety by deterring crime, rehabilitating violators, and preventing recidivism; grade offenses as fair warning of the consequences of violations; and impose fines and punishment proportionate to the crime committed. (Teague & Helft, 2006)
2. Texas mechanisms for prisoners’ access to the courts.
The Texas Department of Criminal Justice holds jurisdiction over the prison system in the state and the Texas Board of Criminal Justice manages the administration of the prisons in Texas. Mechanisms for prisoners’ access to the courts are contained in Chapter 4 of the Offender Orientation Handbook (Texas Department of Criminal Justice, 2004). Generally, there are two mechanisms provided to prisoners in Texas to ensure their access to the courts. First is through access to library materials or keeping of personal legal materials. Texas Prisons have a law library, with sufficient resources on all aspects of law that prisoners may need in preparing documents or understanding court processes, access to which is subject to rules depending on the status of imprisonment of the offender, such as whether the offender fall under general population or in other situations such as segregation or lockdown. Access and use of resources are subject to approval and regulation of prison officers. Second is through access to assistance on legal matters. This is further divided into a number of areas. There is an area or room whether offenders can perform legal work on their own or with the assistance of an inmate with knowledge of the law. The prison also offers notary public services for legal documents subject to scheduling. Offenders also have the right to visitation by their attorneys and they can even reject visits depending on their preference. Calls to their attorneys can also be made with leave of prison officers to get updates or ask questions and they may also receive calls. In cases involving court conference calls, the prison system in Texas also allows this subject to assessment of the circumstances.
3. Texas mechanisms for prisoners’ internal rights of redress.
The prison system in Texas involves an Offender Grievance Program, which comprises the mechanism through which prisoners can exercise their internal rights of redress. Grievances are raised to the unit grievance officer by filing a form and dropping this at the designated grievance box or personally handing it to the grievance officer. It is assumed that upon the filing of the grievance form, the ailing party or parties have already attempted to settle the issue or problem. Inmates have 15 days, from the occurrence of the issue or incident, to file a grievance form. Otherwise, the form may not be processed. From the date of the receipt of the grievance form, the processing could take 40 days to finish but this could be extended in case of the need for further investigation. Upon receipt of the decision, the inmate filing the grievance form can appeal the decision with the Warden, the processing of which could take 35 days. Issues that are grievable include the application and interpretation of the rules and procedures implemented by the Texas Department of Criminal Justice, actions of prison officers or fellow offenders, reprisals due to the engagement in the grievance procedure or raising of rights to court access, damage or loss of property, and other matters subject to the jurisdiction of the Department of Criminal Justice. Issues not grievable include court decisions, parole decisions, time-served disputes, matters covered by other mechanisms, and those not covered by the jurisdiction of the Department of Criminal Justice. (Texas Department of Criminal Justice, 2004)
Reference List
Teague, M. O., & Helft, B. P. (2006). Texas Criminal Practice Guide. San Francisco: Matthew Bender.
Texas Department of Criminal Justice. (2004). Offender Orientation Handbook. Retrieved January 30, 2008, from http://www.tdcj.state.tx.us/publications/cid/OffendOrientHbkNov04.pdf
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