NCJ Number
81135
Date Published
1981
Length
561 pages
Annotation
This book explains and analyzes the present law regarding prisoners' rights and explores future directions. The text includes Supreme Court cases through 1980.
Abstract
Following a historical examination and general overview of prisoners' rights, the text details the law regarding prisoners' right of access to the courts. The book specifically discusses access to challenge the legitimacy, duration, and conditions of confinement; access to inmate assistance, attorneys, law libraries, transcripts, and typewriters. The text explains in forma pauperis proceedings for indigent inmates. Related topics are inmate rights regarding postconviction remedies and procedural considerations, with commentary on tort and State postconviction remedies and procedural constraints. Chapters cover first amendment rights regarding correspondence, communication, visitation (i.e., prisoners' writings for publication, access to news reporters, etc.), and religion (i.e., inmates' dietary requirements, personal appearance and clothing, and religious services.) Discussion of prisoners' fourth amendment rights of privacy comprise the need for a warrant, eavesdropping and electronic monitoring of conversations, and search issues (i.e., cell and body searches, mail and packages, use of evidence and consent.) The text details prisoners' rights concerning prison labor and disciplinary proceedings. Additional case reviews cover prisoner classification, transfers, and detainers; decrimination issues under the equal protection clause; and issues regarding cruel and unusual punishment and related matters under the eighth amendment. Appendixes contain Federal statutes pertaining to habeas corpus, rules governing proceedings in the U.S. district courts, proposed standards on the legal status of prisoners, and corrections standards of the National Advisory Commission on Criminal Justice Standards and Goals. Footnotes, tables, and an index are included.