NCJ Number
149361
Journal
Journal of Crime and Justice Volume: 17 Issue: 1 Dated: (1994) Pages: 103- 128
Date Published
1994
Length
26 pages
Annotation
This article reviews the hands-off doctrine as it relates to inmate rights and the reasonableness test and concludes that a partial hands-off doctrine has unfolded since a 1987 U.S. Supreme Court decision restricting prisoner rights.
Abstract
The Supreme Court announced a reasonableness test in 1987 that connotes prudence and fairness but that is extremely deferential to State prison officials and provides a constitutional vehicle for regressing prisoner rights. In deferring to correctional officials, the Supreme Court's reasonableness test accepts the judgment of prison administrators that they need to restrict inmate rights because such rights may create an intolerable risk of disorder. Further, the test justifies the involuntary medication of inmates diagnosed with schizophrenia and borderline and antisocial personality disorders. In general, the partial hands-off doctrine resulting from the Supreme Court decision on the reasonableness test assures that courts defer to institutions when prisoner rights and institutional order conflict. A historical review of the hands-off doctrine is presented, and case examples involving the reasonableness test are cited. 47 references