NCJ Number
129048
Journal
New England Journal on Criminal and Civil Confinement Volume: 16 Issue: 1 Dated: (Winter 1990) Pages: 67-88
Date Published
1990
Length
22 pages
Annotation
Prison overcrowding results in many problems, not the least of which is the Supreme Court's interpretation that such conditions may violate offenders' fifth and eighth amendment rights which guarantee due process of law and prohibit cruel and unusual punishment.
Abstract
While Bell v. Wolfish established the standards which correctional facilities must meet when housing pretrial detainees, Rhodes v. Chapman set the test for housing sentenced inmates. Lower Federal courts have become involved in the problem of prison overcrowding, deeming which prison population levels are unconstitutional. The basic approach to remedying the situation has been to identify the type of facility involved, determine the types of prisoners housed there, and prioritize which prisoners can be relocated first. Other Federal courts, maintaining that State and county agencies have primary responsibility for resolving prison overcrowding problems, have imposed population caps and even ordered early release of prisoners as a final measure. State and local authorities, mindful of the threat of Federal court-ordered releases, have initiated some innovative responses including conversion of other facilities to prisons and sentence reductions. 158 notes