NCJ Number
56279
Journal
PUBLIUS, THE JOURNAL OF FEDERALISM Volume: 8 Issue: 1 Dated: (1978) Pages: 179-198
Date Published
1978
Length
20 pages
Annotation
AFTER A REVIEW OF MAJOR FEDERAL AND STATE PRISONERS' RIGHTS CASES, LEGISLATION INTRODUCED JOINTLY INTO THE U.S. HOUSE OF REPRESENTATIVES AND THE SENATE AUTHORIZING FEDERAL ADMINISTRATIVE INTERVENTION IS EXPLAINED.
Abstract
THE PRISONERS' RIGHTS MOVEMENT WAS A NATURAL OUTGROWTH OF THE CIVIL RIGHTS MOVEMENT OF THE 1960'S. CIVIL LIBERTIES LAWYERS TURNED THEIR ATTENTION TO THE TREATMENT MINORITIES RECEIVED IN PRISONS AND OTHER CORRECTIONAL FACILITIES. THE RESULTS WERE A SERIES OF CASES BROUGHT UNDER SECTIONS OF THE FEDERAL CODE WHICH PERMIT FEDERAL COURTS TO INTERVENE IN STATE MATTERS WHEN CONSTITUTIONAL GUARANTEES ARE BEING DENIED. A NUMBER OF THESE CASES ARE REVIEWED, INCLUDING THE DECISIONS WHICH MANDATED COMPLETE OVERHAUL OF THE ARKANSAS AND ALABAMA CORRECTIONS SYSTEMS BECAUSE THE OVERCROWDING, POOR SANITARY CONDITIONS, AND OTHER ABUSES CONSTITUTED CRUEL AND UNUSUAL PUNISHMENT. THE ADMINISTRATIVE PROBLEMS ENCOUNTERED IN ENFORCING THESE COURT ORDERS ARE ALSO REVIEWED. IT IS POINTED OUT THAT A NUMBER OF STATE SUPREME COURTS HAVE RENDERED SIMILAR PRISONERS' RIGHTS DECISIONS. THE MOVEMENT HAS ALSO EXPANDED TO PROTECT THE RIGHTS OF PATIENTS IN MENTAL INSTITUTIONS. BILLS INTRODUCED BY SENATOR BIRCH BAYH (DEMOCRAT, IND.) AND REPRESENTATIVE ROBERT W. KASTENMEIER (DEMOCRAT, WISC.) WOULD AUTHORIZE THE ATTORNEY GENERAL OF THE UNITED STATES TO BRING CIVIL SUITS AGAINST A STATE OR STATE AGENCY WHEN IT IS FELT THAT THE STATE IS SUBJECTING PERSONS IN AN INSTITUTION (PRISON, DETENTION CENTER, FACILITY FOR THE MENTALLY ILL OR RETARDED, ETC.) TO CONDITIONS WHICH CONSTITUTE A VIOLATION OF CONSTITUTIONAL GUARANTEES. THE POLITICAL AND ADMINISTRATIVE PROBLEMS INHERENT IN THIS PROPOSED LEGISLATION ARE EXAMINED. ALTERNATIVE PROPOSALS ARE REVIEWED. FOOTNOTES CONTAIN REFERENCES. (GLR)