NCJ Number
75038
Date Published
1980
Length
19 pages
Annotation
The extension of legal rights to include prisoners is seen as being based on three recent developments: the creation of a mass society, changes in the prison social structure, and social differentiation.
Abstract
As society has become increasingly complex and ifferntiated, legal systems have become increasingly formalized. Part of this formalization process has been the extension of legal rights to prisoners. The creation of a politically, morally, and economically integrated mass society has been accompanied by an extension of middle class values, such as legal civil rights, to the poor and minorities; prisoners have been beneficiaries of this movement. Also, the internal social structure of prisons has changed radically in recent decades. Part of the reason for this change has been the great increase in the minority population in prisons, and by the organization of the Black Muslims in prisons, and by the emergence of prison gangs. Where prisoners were once viewed as united, they are now seen as being fragmented into conflicting groups. An overall result has been the politicization of prisoners, many of whom now view themselves as political prisoners, rather than as social deviants. Politicization has led to a large increases in lawsuits, some of which have been supported by the courts. The movement among prisoners to form unions has led, however, to a backing away from the liberalization of prisoners rights. Thus, the prisoners' rights movement is at a critical impasse. Nine case citations and 39 references are provided.