Prisoner Rights–Due Process–Provisions for Due Process and Access to Counsel in Prison Disciplinary Hearings–Clutchette v. Procunier


The subject of the constitutional rights of prison inmates has come increasingly to the attention of the public in recent years as violence in the prisons has erupted with alarming frequency. One of the major issues arising out of prison strife concernsthe inmate’s claim to procedural due process in the prisons; and, specifically, his ability to receive adequate legal assistance in disciplinary hearings. A prisoner incarcerated in a state institution looks to the fourteenth amendment for protection.

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Stephen M. Nickelsburg, Adam C. Goldstein, Emily Maw, and Keith Nordyke∞   By ruling in January that “Miller announced a substantive rule that is retroactive,”[1] the Supreme Court ensured that individuals previously sentenced to mandatory life without parole for crimes