American courts regarded inmates as “slaves of the state.” Judges believed prisoners had no rights because they had forfeited them as a result of their crimes, and judges didn't interfere with the administration of correctional institutions because they didn't want to violate the principle of separation of power (in other words, the courts didn't want to interfere with the authority of the executive branch to administer prisons).ĭuring the 1960s and 1970s, the courts moved away from the hands‐off doctrine and acknowledged that courts have a duty to resolve constitutional claims of prisoners. The hands‐off doctrine dominated thinking about correctional law in America during the 19th century.
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