Civil Liberties, the Law and the Long-Term Prisoner (From Problems of Long-Term Imprisonment, P 158-180, 1987, Anthony E Bottoms and Roy Light, eds. -- See NCJ-108254)

• NCJ Number: 108260
• Author(s): R Morgan; G Richardson
• Date Published: 1987
• Length: 23 pages
• Sale Source: Avebury Publishing Co
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

This paper examines prisoners' rights with particular attention to the management of long-term inmates in the United Kingdom.

Abstract

It is argued that inmates are entitled to retain all legal rights not inevitably curtailed by the demands of segregation, and, that by virtue of their increased dependence, are entitled to additional special rights vis-a-vis the authorities. While the precise nature of these rights will depend on prevailing attitudes toward imprisonment, variations from agreed-upon norms must be justified by references to variations in the demands of segregation or the consequences of dependency. In England and Wales, the situation falls short of this ideal. In practice, rights retained by inmates are poorly protected in law and vulnerable to the claims of administrative convenience. Further, individual prisoners have few opportunities to challenge decisions affecting their rights, and there is only a superficial degree of accountability within the prison system. Most administrative decrees are kept secret, few data are collected or published, and there is no comprehensive code of standards for regimes or physical conditions. Long-term inmates are particularly vulnerable to unjustified interference, especially in informal disciplinary processes. Only a clear statement of rights in combination with effective mechanisms for challenge and general accountability can ensure that prolonged detention is acceptable. 430 references.