NCJ Number
168938
Journal
New England Journal on Criminal and Civil Confinement Volume: 22 Issue: 2 Dated: (Spring 1996) Pages: 439-463
Date Published
1996
Length
25 pages
Annotation
This Note discusses and assesses the status of international law -- both conventional and customary -- as it applies to prisoners' rights in the United States.
Abstract
Part II of this Note traces the development and application of international law and how that law is applied by U.S. courts. This section defines and explains how international law functions in the constitutional framework of the U.S. judicial system. Part III analyzes how U.S. courts have viewed and used various treaties, norms, and standards. This section discusses why U.S. courts should use international law in addressing inmates' rights. It argues that customary international human rights law must be applied to prisoners' rights. In addition, it identifies numerous U.S. court decisions that focus on accepted facets of international law. Finally, this section argues that international standards must be used to fill gaps in the Eighth Amendment that affect the treatment of prisoners. International law must be used to aid in the interpretation of constitutional limitations and the interpretation of statutory standards when dealing with prisoners' rights. 189 footnotes