NCJ Number
55870
Journal
CRIME ET/AND JUSTICE Volume: 6 Issue: 2 Dated: (1978) Pages: 138-143
Date Published
1978
Length
6 pages
Annotation
THE RIGHT OF FREEDOM OF EXPRESSION AND COMMUNICATION OF CONVICTS AS DEVELOPED RECENTLY IN CANADA ARE DISCUSSED.
Abstract
PRISONER CORRESPONDENCE WITH ANY PERSON IS JUSTIFIED AS LONG AS IT CONTRIBUTES TO THE REHABILITATION OF THE PRISONER. ALTHOUGH LIMITATIONS ON CORRESPONDENCE IMPOSED BECAUSE OF POSSIBLE DANGERS TO SECURITY SHOULD EXTEND TO OPENING AND SEARCHING MAIL WHEN THE PRESENCE OF SMUGGLED OBJECTS IS STRONGLY SUSPECTED, READING LETTERS SHOULD BE PERMISSIBLE ONLY IN EXCEPTIONAL CASES; E.G., TO REVEAL ESCAPES OR DANGER TO INDIVIDUAL LIVES. IN ANY CASE, THE NEED TO OPEN MAIL MUST BE ESTABLISHED BY AN IMPARTIAL PERSON AND THE LETTER MUST BE OPENED IN THE PRESENCE OF THE PRISONER. NO RESTRICTIONS SHOULD BE PLACED ON ADMISSIBLE VISITORS OR ON THE FREQUENCY OF VISITS, VISITING ROOMS SHOULD BE SPACIOUS AND COMFORTABLE, PRIVACY OF THE CONVERSATION SHOULD BE RESPECTED, SURVEILLANCE SHOULD SERVE ONLY TO MAINTAIN ORDER AND SECURITY, AND VISITOR SEARCHES SHOULD BE CARRIED OUT IN A A REASONABLE MANNER AT THE INSTITUTION'S ENTRANCE. FREEDOM OF THE PRESS ALLOWS PRISONERS THE RIGHT TO PUBLISH THEIR OWN NEWSPAPER AS LONG AS THEY RESPECT OBSCENITY AND DEFAMATION LAWS, ALTHOUGH IN REALITY CERTAIN ARTICLES MAY BE REPRESSED AS DISCIPLINARY VIOLATIONS. PRISONERS SHOULD ALSO BE PERMITTED PRINTED MATTER (BUT NOT PORNOGRAPHY OR ARMS PUBLICATIONS) AND UNLIMITED COMMUNICATION WITH REPRESENTATIVES OF THE MASS MEDIA; ADMINISTRATORS SHOULD FORMULATE REGULATIONS ABOUT SUCH MEETINGS SO THAT THEY DO NOT INTERFERE WITH THE INSTITUTION'S FUNCTION. PRISONERS COULD BE GIVEN ACCESS TO PERSONAL INFORMATION USED TO REACH IMPORTANT DECISIONS ABOUT DISCIPLINE OR RELEASE. FINALLY PRISON PERSONNEL NEED TO EXPRESS OPENLY THEIR OPINIONS ON UNACCEPTABLE PRISON ACTIVITIES (COPYING CORRESPONDENCE, ELECTRONIC SURVEILLANCE), THEREBY BREAKING UP THE WORLD OF SILENCE SURROUNDING PRISONS. --IN FRENCH (KMD)