ABSTRACT
This chapter introduces the constitutional framework, the American court structure, and correctional law. The Constitution is the supreme law of the land; it provides the basic rules for the functioning of the national government. Any laws, statutes, regulations, or government policies in conflict with the Constitution are unenforceable. The Supreme Court is the ultimate interpreter of the Constitution and federal statutes. It reviews the decisions of the federal circuit courts of appeals and some direct appeals from district courts. The Supreme Court also reviews the decisions of state courts involving matters of federal constitutional rights when the case has been finally adjudicated in the state court system. Until the 1960s, the courts adopted a hands-off attitude toward prisons. This is no longer true. Upon entering the prison system, it is widely accepted that prisoners retain all of their constitutional rights that are not necessarily withdrawn by virtue of prison security, discipline, and necessity. In short, prisoners take the Constitution into the prison with them.
