Legal Aspects of Casework and Counseling

This chapter examines the legal and ethical issues that frequently confront the criminal justice caseworker in the correctional setting and in the community. It provides an overview of the constitutional rights of prisoners, probationers, and parolees, including the right to treatment, the prohibition on “cruel and unusual” punishment, limitations on probation and parole conditions, due process requirements, and the application of the exclusionary rule and Miranda warnings to probationers and parolees. Caseworker liability, an emerging area, also is examined. Finally, ethical issues related to the rights of clients and the duties of caseworkers are discussed. Leading US Supreme Court cases are discussed, but this area of the law is largely bereft of guidance from the high court. It is therefore essential that caseworkers familiarize themselves with the laws of their respective states. There is a great deal of variation in state laws and administrative regulations, particularly in regard to probation and parole conditions and caseworker immunity from liability.