What is the "necessity" test for determining whether a restriction or restriction on a prisoner's constitutional rights is restrictive enough to be struck down?

California, United States of America


The following excerpt is from Arias, In re, 230 Cal.Rptr. 505, 42 Cal.3d 667, 725 P.2d 664 (Cal. 1986):

The lead case adopting the "necessity" test is Teterud v. Burns, supra, 522 F.2d 357. Teterud requires courts to be "as vigilant in protecting a prisoner's constitutional rights as we are in protecting the constitutional rights of a person not confined." (Id., at p. 359.) Accordingly, "a regulation which is more restrictive than necessary to meet ... institutional objectives or which does not serve the objectives advanced will be struck down." (Ibid.)

Other Questions


What is the test for a probationary to determine whether a defendant has a right to exercise his constitutional right to a reduced sentence? (California, United States of America)
What is the test for determining whether a defendant's intent or mental state is a factor in determining whether they intended to commit an act of violence? (California, United States of America)
What is the test for determining whether a search warrant can be used to determine whether or not a search and seizure of a suspect was unlawful? (California, United States of America)
What is the test for determining whether a defendant has a right to a jury determination based upon proof beyond a reasonable doubt? (California, United States of America)
Does section 669 of the California Criminal Code apply to determine whether a determinate or determinate sentence should run concurrently with an indeterminate sentence? (California, United States of America)
What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)
What is the test for determining whether a person has a right to sue under the California Civil Rights Act? (California, United States of America)
What is the standard for determining whether a defendant's state constitutional right to an impartial jury was violated by an excusal for cause? (California, United States of America)
What is the test for determining whether a plaintiff has a right to privacy and First Amendment rights? (California, United States of America)
When is a prisoner's constitutional rights diminished when they are held in prison? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.