NCJ Number
59162
Date Published
1975
Length
21 pages
Annotation
LEGAL RIGHTS OF CONVICTED OFFENDERS IN GEORGIA AND WAYS IN WHICH THESE RIGHTS CAN BE PROTECTED ARE CONSIDERED IN THIS CRIMINAL JUSTICE STANDARDS AND GOALS STUDY.
Abstract
FEDERAL COURTS HAVE COME TO REALIZE THAT THEY HAVE A CONSTITUTIONAL DUTY TO PROTECT INCARCERATED OFFENDERS. AS A RESULT OF THE MORE ACTIVE ROLE PLAYED BY THESE COURTS IN PRISON ADMINISTRATION, MANY PRISON OFFICIALS HAVE BEEN UNDER PRESSURE TO ASSURE THAT BASIC CONSTITUTIONAL RIGHTS OF INMATES ARE PROTECTED. SUCH RIGHTS INCLUDE BUT NOT ARE NOT LIMITED TO THE RIGHT OF ACCESS TO COURTS, TO BE PROTECTED FROM PERSONAL ABUSE THAT WOULD CONSTITUTE CRUEL AND UNUSUAL PUNISHMENT, TO BE PROTECTED AGAINST UNREASONABLE SEARCHES AND SEIZURES WHILE IN PRISON, TO BE FREE FROM RACIAL AND RELIGIOUS DISCRIMINATION, TO DUE PROCESS IN THE ENFORCEMENT OF CONDUCT RULES AT DISCIPLINARY PROCEEDINGS, TO FREE EXPRESSION AND ASSOCIATION, AND TO SEEK REMEDIES FOR THE VIOLATION OF RIGHTS. IN GEORGIA, THE DEPARTMENT OF CORRECTIONS/OFFENDER REHABILITATION OPERATES A PRISONER LEGAL ASSISTANCE PROJECT IN CONJUNCTION WITH THE UNIVERSITY OF GEORGIA LAW SCHOOL. BECAUSE PROBLEMS EXIST WITH REGARD TO LEGAL RIGHTS OF CONVICTED OFFENDERS, THREE RECOMMENDATIONS ARE MADE: (1) THE STATE CRIME COMMISSION SHOULD EVALUATE THE PRISONER LEGAL ASSISTANCE PROJECT TO DETERMINE IF THE LEVEL OF SERVICE BEING PROVIDED IS ADEQUATE AND, IF NOT, WHAT LEVEL OF SERVICE IS REQUIRED; (2) THE DEPARTMENT OF CORRECTIONS/OFFENDER REHABILITATION SHOULD DEVELOP SPECIFIC PUBLISHED GUIDELINES FOR CONDUCTING SEARCHES AND SEIZURES THAT TAKE INTO CONSIDERATION RIGHTS AND SAFETY OF INMATES AND THE SECURITY AND SAFETY OF INSTITUTIONS AND THEIR STAFF; AND (3) THE DEPARTMENT OF CORRECTIONS/OFFENDER REHABILITATION SHOULD ADOPT MORE STRINGENT SELECTION AND EVALUATION CRITERIA FOR HIRING EMPLOYEES. A PLAN FOR IMPLEMENTING THESE RECOMMENDATIONS AND THE IMPACT OF RECOMMENDED CHANGES ARE EXPLORED. THE EXPERIENCE OF OTHER STATES AND THE FEDERAL GOVERNMENT IN DEALING WITH INMATE RIGHTS IS REPORTED. FOOTNOTES ARE INCLUDED. (DEP)