NCJ Number
43362
Date Published
1977
Length
45 pages
Annotation
PRISONERS' RIGHTS UNDER THE FIRST, FOURTH, FIFTH, SIXTH, EIGHTH, & FOURTEENTH AMENDMENTS OF THE U.S. CONSTITUTION AND THE BALANCING PROCESS WHEREBY LEGITIMATE PRISON NEEDS ARE OFFSET AGAINST THESE RIGHTS ARE DISCUSSED.
Abstract
AS PART OF A BROAD HISTORICAL MOVEMENT TOWARD THE RECOGNITION OF INDIVIDUAL RIGHTS, MANY INMATE SUITS HAVE BEEN ACCEPTED BY THE COURTS AND WON BY INMATES. THESE SUCCESSFUL SUITS HAVE CHANGED THE FIELD OF CORRECTIONAL LAW. PRISONERS ARE NOW ASSUMED TO HAVE RIGHTS AND CANNOT BE DEPRIVED OF THEM IN AN UNLAWFUL WAY. THESE RIGHTS MUST BE BALANCED AGAINST IMPORTANT SECURITY NEEDS WHICH COURTS HAVE IDENTIFIED AS PREVENTION OF RIOT, PREVENTION OF ESCAPE, CONTROL OF CONTRABAND, AND THE PROMOTION OF SAFETY AND INMATE WELFARE, AS WELL AS LEGITIMATE MANAGEMENT AND REHABILITATION NEEDS. DETAILS OF THESE RIGHTS AND THE BALANCING REQUIRED ARE CONSIDERED FOR: FREEDOM OF RELIGION; REGULATION OF CORRESPONDENCE; VISITATION; DRESS AND HAIR STYLES; FREE ACCESS TO THE PRESS; BOOKS AND OTHER PUBLICATIONS; PROBABLE CAUSE FOR SEARCH AND SEIZURE; PROTECTION AGAINST SELF-INCRIMINATION; RIGHT TO AN IMPARTIAL HEARING IF ACCUSED OF VIOLATION OF PRISON RULES AND RIGHT TO COUNSEL AT SUCH HEARINGS; CRUEL AND UNUSUAL PUNISHMENT, INCLUDING UNSANITARY LIVING CONDITIONS; DUE PROCESS OF LAW; EQUAL PROTECTION OF THE LAW; AND THE LIABILITIES OF PRISON OFFICIALS. FEDERAL AND STATE CIVIL REMEDIES AVAILABLE TO PRISONERS ARE SUMMARIZED, AS WELL AS CRIMINAL REMEDIES WHICH CAN BE INVOKED IN CASES OF GROSS NEGLIGENCE OR MALFEASANCE ON THE PART OF PRISON OFFICIALS. THE LEGAL STATUS OF PRISONERS' RIGHTS IN THE STATE OF VIRGINIA IS DETAILED. TO AVOID LIABILITY, PRISON OFFICIALS MUST ACT REASONABLY AND IN GOOD FAITH ON THE BASIS OF DEMONSTRABLE NEEDS OF THE INSTITUTION SUCH AS SECURITY, MANAGEMENT, AND REHABILITATION. AN APPENDIX REPRINTS THE APPLICABLE PORTIONS OF THE U.S. CONSTITUTION.