CENSORSHIP OF PRISONERS' MAIL AND THE CONSTITUTION

• NCJ Number: 10390
• Journal: American Bar Association Journal Volume: 56 Dated: (NOVEMBER 1970) Pages: 1051-1055
• Author(s): R G SINGER
• Date Published: 1970
• Length: 5 pages
• Corporate Author: American Bar Assoc.
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE PRINCIPLE THAT INCARCERATION IS SUBJECT TO CONSTITUTIONAL LIMITATIONS IS SUPPORTED IN THIS REFUTATION OF PRISONERS' MAIL CENSORSHIP.

Abstract

KEY JUDICIAL DECISIONS ARE CITED WHICH UPHOLD AND DELINEATE PRISONERS' RIGHTS. ARGUMENTS ARE MADE AGAINST THREE COMMONLY OFFERED RATIONALES FOR MAIL CENSORSHIP - IMPORTATION OF CONTRABAND, OUTSIDE ILLEGAL BUSINESS DEALINGS, AND ESCAPE AIDED BY MAIL COMMUNICATION WITH THE OUTSIDE. ALTERNATIVES TO TOTAL CENSORSHIP ARE OFFERED WHICH WOULD ENFORCE THE LAWS AGAINST CRIMINAL ACTS BY INMATES BUT WOULD NOT VIOLATE THEIR CONSTITUTIONAL RIGHTS. SUCH AN ALTERNATIVE WOULD BE A REQUIREMENT FOR PRISON OFFICIALS TO OBTAIN A COURT'S PRIOR PERMISSION, AS IS DONE FOR WIRETAPS, TO PERFORM MONITORING OF A SPECIFIED INDIVIDUAL'S MAIL ON THE BASIS OF SUPPORTATIVE EVIDENCE THAT SAID INMATE IS LIKELY TO ATTEMPT ESCAPE.