The U.S Supreme Court pronounced the balancing test in the Turner v. Safley case. The balancing test means that the courts must balance the rights of inmates against the penological concerns of security and order.
In this case, the U.S Supreme Court upheld broad restriction on inmate-to-inmate correspondence and, in the process, reaffirmed its commitment to a deferential standard in prisoner speech cases.
In Justice O’Connor’s opinion in Turner v. Safley, he identified four factors to consider when applying this standard:
- Whether or not there is a valid, rational link between the regulation and the governmental interest advanced to justify it;
- Whether inmates are left with alternative means of exercising the right that the regulation restricts;
- Whether accommodating the asserted right would have a significant ripple effect on fellow inmates or prison staff;
- And whether there is a ready alternative to the regulation that fully accommodates the asserted right at a minimal cost to valid penological interests.
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A strict constructionist is a person who believes that the u.s. constitution should not be amended by judges and that judges should adhere closely to the document's text.
A strict constructionist is the one who believes that the wording of the Constitution is incomprehensible and that the words of the Constitution should be interpreted literally. This philosophy is usually associated with federal jurisdiction when it involves constitutional issues. A strict constructionist usually specifies to a judge who interprets the constitution exactly as it is written. Anyone can be a strict constructionist, but the term best applies to those with political power.
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Answer:
Nepal is a small landlocked country lying in the lap of the Himalayas, the world's highest mountain ranges. About 75% of its area is mountainous. Still the topography is quite uneven. On the basis of geographical features, Nepal in divided into three distinct regions which run east-west across the country.
Explanation:
Bull market is the answer