NCJ Number
52412
Journal
Pepperdine Law Review Volume: 1 Issue: 3 Dated: (1974) Pages: 382-403
Date Published
1974
Length
22 pages
Annotation
COURT CASES DEALING WITH THE RIGHT OF THE PRESS TO HAVE ACCESS TO PRISONERS, PARTICULARLY THOSE INCARCERATED IN MAXIMUM SECURITY INSTITUTIONS, ARE REVIEWED.
Abstract
COURTS HAVE TRADITIONALLY DISPLAYED A READY WILLINGNESS TO IGNORE WHAT OCCURS BEHIND THE CLOSED DOORS OF PRISON AND TO CONCENTRATE INSTEAD ON THE RIGHTS OF CITIZENS BEFORE THEY BECOME INCARCERATED. AS A RESULT, THERE HAVE BEEN A SERIES OF CONFLICTING JUDICIAL DECISIONS ON THE SUBJECT OF PRISONER RIGHTS AFTER INCARCERATION. FUNDAMENTAL TO ANY ISSUE RELATED TO PRISONER-PRESS ACCESS IS THE RIGHT OF PRISONERS TO HAVE ACCESS TO THE COURTS THEMSELVES. PRISONERS IN FEDERAL PENITENTIARIES HAVE FEWER PROCEDURAL OBSTACLES TO OVERCOME, AND THIS IS WHY MOST CASES RELATING TO THE CONSTITUTIONAL RIGHTS OF PRISONERS HAVE THEIR ORIGIN IN FEDERAL INSTITUTIONS. ONE COURT DECISION, GOODWIN VERSUS OSWALD (1972) RELATING TO GREEN HAVEN PRISON IN NEW YORK STATE, HAS OPENED A ROUTE FOR PRISONERS TO ASSERT 1ST AMENDMENT RIGHTS VIA THE 14TH AMENDMENT GUARANTEES OF DUE PROCESS AND EQUAL PROTECTION. THE PRISON ADMINISTRATION VIEW IS THAT PRESS ACCESS REPRESENTS A SECURITY THREAT. MANY PRISON OFFICIALS CONTEND THAT MUCH OF THE TENSION AMONG INMATES IS RELATED TO THE INFLUX OF PRISONERS WHO WERE ALIGNED WITH POLITICALLY OR RACIALLY ORIENTED CAUSES PRIOR TO INCARCERATION. THE CASES CITED IN THE ARTICLE, AMONG THEM THOSE STEMMING FROM THE UPRISING AT THE PRISON IN ATTICA, N.Y., REFLECT A DESIRE ON THE PART OF THE PRESS TO PURSUE THE RIGHT TO INVESTIGATE IN AN ATMOSPHERE WHERE CONCEALMENT CLOAKED IN THE GUISE OF SECURITY HAS BEEN COMMON. THEY ALSO INDICATE A DESIRE ON THE PART OF PRISONERS TO AIR GRIEVANCES BEYOND PRISON WALLS. ACCESS HAS MORE ADVANTAGES THAN DISADVANTAGES FOR A PENAL SYSTEM THAT NEEDS PUBLIC UNDERSTANDING AS AN IMPETUS TO IMPLEMENTING CHANGE. (DEP)