What is the test for determining whether a person with learning disabilities in pretrial detention has been punished or punished?

California, United States of America


The following excerpt is from Inmates of the Riverside County Jail v. Clark, 144 Cal.App.3d 850, 192 Cal.Rptr. 823 (Cal. App. 1983):

"A court must decide whether the disability is imposed for the purpose of punishment or whether it is but an incident of some other legitimate governmental purpose. [Citation.] Absent a showing of an expressed intent to punish on the part of detention facility officials, that determination generally will turn on 'whether an alternative purpose to which [the restriction] may rationally be connected is assignable for it, and whether it appears excessive in relation to the alternative purpose assigned [to it].' [Citations.] Thus, if a particular condition or restriction of pretrial detention is reasonably related to a legitimate governmental objective, it does not, without more, amount to 'punishment.' " (Bell v. Wolfish (1979) 441 U.S. 520, 538-539, 99 S.Ct. 1861, 1873-1874, 60 L.Ed.2d 447.)

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