NCJ Number
178294
Journal
Corrections Management Quarterly Volume: 3 Issue: 3 Dated: Summer 1999 Pages: 66-75
Date Published
1999
Length
10 pages
Annotation
Differential treatment of races in prisons and in society has been dramatically affected by the U.S. Supreme Court decision in Lee v. Washington that prison authorities may, acting in good faith, segregate prisoners by race to maintain security, discipline, and good order.
Abstract
While the court struck down blanket use of racial segregation in Lee v. Washington, it left the door open for racial segregation when correctional administrators can demonstrate institutional security is at risk. Major Federal court cases since Lee v. Washington are reviewed that involve challenges to racial segregation in correctional facilities. The analysis concludes certain instances will arise in which inmate segregation along racial lines may be necessary to preserve security. However, a more reasoned procedure for dealing with separatists in prison who make violent threats to those of other races needs to be constructed and implemented. Several courts have made it clear other remedies, such as punishment of separatists, should be pursued instead of segregation. At the same time, failure to look beyond race to individual behavior in making prison management decisions seems short-sighted and overly simplistic and falls short of taking advantage of the tremendous human resources vested in correctional personnel. As court and correctional managers struggle with racial segregation, inmate rights, and institutional order, they must develop coherent and consistent policies. Correctional officials must also recognize most inmates are released back into society and the manner in which inmates are treated while in prison influences their postincarceration experiences. 54 references