NCJ Number
105284
Journal
Journal of the National Prison Project Issue: 11 Dated: (Spring 1987) Pages: 6-9
Date Published
1987
Length
4 pages
Annotation
Despite many views to the contrary, prison litigation during the past 15 years has produced major and permanent changes in the conditions under which many prisoners live.
Abstract
Basic health and safety have improved, despite resistance to court orders and the overcrowding resulting from the growth in prison populations. In addition, new recreation and program facilities have been added. Court intervention has not increased violence either, as shown by detailed analysis of the Texas prison case of Ruiz v. Estelle. Determining the effect of litigation on the use of imprisonment is difficult, however. Anecdotal evidence suggests that litigation on prison conditions does reduce the use of imprisonment. Litigation has also had a direct and dramatic impact on overcrowding in the prisons that have been targets of litigation. In addition, it has forced corrections officials to examine their practices and policies, resulting in a move toward professionalization. Moreover, recent litigation has improved staff morale, as guards become aware that a safer, cleaner, and less idle prison is a better place for them to work. Case law has rapidly developed in this area, creating acceptance of the concept that the totality of prison conditions must be considered. Nevertheless, individual judges still determine the extent of change in particular cases, and the cost of litigation has risen sharply as a result of the U.S. Supreme Court requirement of overwhelming evidence of gross constitutional violations. Litigation is becoming increasingly complex, but much remains to be done to prevent loss of the progress already made. Table and 11 footnotes.