The hands-off doctrine was a dominated thinking about correctional law in America during the 19th century. American courts regarded inmates as "slaves of the state." Judges believed prisoners had no rights because they had forfeited them as a result of their crimes, and judges didn't interfere with the administration of correctional institutions because they didn't want to violate the principle of separation of power (in other words, the courts didn't want to interfere with the authority of the executive branch to administer prisons).
the federal courts
The case of Marbury v. Madison undermined the hands-off doctrine by establishing the principle of judicial review, which allows the Supreme Court to strike down laws that are unconstitutional. This case asserted the Court's power to interpret the Constitution, challenging the idea of complete deference to the other branches of government.
The "hands-off" doctrine has technically always been around. Previous to the 1960-1970's the courts simply classified inmates as "less than human" and therefore had no rights. It was only in the early 40's (ex parte Hull) and through the civil rights movements of the 60's and 70's that inmates began to have their rights recognized and the "Hands-Off" doctrine was more or less abolished. You'll still see it from time to time, but when it does happen inmates now have the right to sue.
President James Monroe issued the Monroe Doctrine in 1823.
The Supreme Court case that signals a return to the hands-off doctrine is Baze v. Rees (2008). In this decision, the Court upheld the use of lethal injection as a method of execution, emphasizing deference to state practices in capital punishment. This ruling reflects a broader trend of the Court stepping back from intervening in state matters, aligning with the hands-off approach that limits judicial involvement in prison and inmate conditions.
The case that undermined the hands-off doctrine was West Coast Hotel Co. v. Parrish (1937), where the Supreme Court upheld minimum wage laws for women. This case marked a shift in the Court's approach towards economic regulation and set the stage for a more deferential stance towards government intervention in economic matters.
Unclean hands, sometimes clean hands doctrine or dirty hands doctrine is an equitable defense in which the defendant argues that the plaintiff is not entitled to obtain an equitable remedy on account of the fact that the plaintiff is acting unethically or has acted in bad faith with respect to the subject of the complaint-that is, with "unclean hands".
The Americas were off limits to Europe as proposed in the Monroe Doctrine, not just one country.
The hands-off doctrine was a dominated thinking about correctional law in America during the 19th century. American courts regarded inmates as "slaves of the state." Judges believed prisoners had no rights because they had forfeited them as a result of their crimes, and judges didn't interfere with the administration of correctional institutions because they didn't want to violate the principle of separation of power (in other words, the courts didn't want to interfere with the authority of the executive branch to administer prisons).
The state of Arkansas contributed to the federal courts' decision to abolish the hands-off doctrine through the case of Pugh v. Locke in 1972. In this case, the U.S. District Court ruled that the conditions in Arkansas prisons violated the Eighth Amendment's prohibition against cruel and unusual punishment. This decision marked a shift towards greater judicial intervention in prison affairs, rejecting the hands-off approach that had previously limited federal courts' involvement in prison management. The ruling set a precedent for increased oversight of prison conditions nationwide.
Get Your Hands off My Woman was created in 2002.
Hands off our Forest was created in 2010.