NCJ Number
6802
Journal
Ohio State Law Journal Volume: 33 Issue: 1 Dated: (WINTER 1972) Pages: 1-79
Date Published
1972
Length
79 pages
Annotation
OUTLINE OF THE CURRENT STATE OF THE LAW FOR EACH AREA OF PRISONERS' RIGHTS, AND ANALYSIS OF WHETHER THAT AREA HAS BEEN PROPERLY DEALT WITH BY THE COURTS.
Abstract
THE ARTICLE ADOPTS THE VIEW OF A CASE WHICH HOLDS THAT A PRISONER RETAINS ALL RIGHTS OF AN ORDINARY CITIZEN EXCEPT THOSE EXPRESSLY OR BY NECESSARY IMPLICATION, TAKEN FROM HIM BY LAW. THUS THE BURDEN IS ON THE STATE TO SHOW THE NECESSITY FOR WITHDRAWING ANY INDIVIDUAL RIGHT FROM AN INMATE. THE AREAS OF RIGHTS CONSIDERED ARE THE RIGHT TO PRACTICE RELIGION, INMATE LEGAL PRACTICE AND ACCESS TO THE COURTS, MEDICAL CARE, FREEDOM FROM RACIAL DISCRIMINATION, MAIL RIGHTS, FREEDOM FROM CRUEL AND UNUSUAL PUNISHMENT, AND THE RIGHT TO PROCEDURAL DUE PROCESS.