NCJ Number
17378
Date Published
1973
Length
49 pages
Annotation
DISCUSSION OF THE EFFECTS OF THE STATE'S CIVIL DISABILITY STATUTE ON THE RIGHTS OF IMPRISONED INDIVIDUALS DURING THEIR INCARCERATION AND AFTER THEIR PAROLE OR DISCHARGE.
Abstract
UNDER NORTH DAKOTA'S CIVIL DEATH STATUTE, THE CIVIL RIGHTS OF A CONVICT WERE SUSPENDED BY IMPRISONMENT. CHALLENGES TO THE CONSTITUTIONALITY OF THESE LAWS ARE DETAILED AND IMPORTANT JUDICIAL DECISIONS ARE CITED. A DISCUSSION OF THE PRISONERS' RIGHT TO ACCESS TO THE COURT CONSIDERS THE FILING OF HABEAS CORPUS PETITIONS, RIGHTS GUARANTEED UNDER THE FEDERAL CIVIL RIGHTS ACT OF 1871, CIVIL SUITS AGAINST GOVERNMENTS AND GOVERNMENT OFFICIALS, AND CRIMINAL ACTIONS AGAINST OFFICIALS. VARIOUS PRISONER RIGHTS (RIGHT TO VOTE, ACT AS A WITNESS, RECEIVE INTEREST) ARE EXAMINED IN LIGHT OF THEIR INTERPRETATION UNDER NORTH DAKOTA LAW. A NEW BILL, WHICH BECOMES EFFECTIVE AS OF JULY 1, 1975, DOES AWAY WITH THE STATE'S CIVIL DEATH STATUTE, BY PROVIDING FOR AUTOMATIC RESTORATION OF CIVIL RIGHTS UPON RELEASE OR PAROLE OF THE INMATE.