NCJ Number
143539
Journal
Journal of Criminal Justice Volume: 21 Issue: 2 Dated: (1993) Pages: 151-170
Date Published
1993
Length
20 pages
Annotation
Legal issues have arisen in prisons because of smoking or no-smoking policies that address the dangers of second-degree smoke to other inmates versus the constitutional rights of prisoners.
Abstract
Recent court cases have been divided into three groups: those upholding smoking bans, those denying inmates' requests for a smoke-free environment, and those granting requests for a smoke-free environment. In general, the lower courts have ruled that there is no constitutional right to smoke in a jail or prison; although the U.S. Supreme Court has not ruled on the question, it seems that prison officials can prohibit smoking without violating inmates' constitutional rights. In determining whether non-smoking inmates have the right to a smoke-free environment, however, courts have placed the burden of proof on inmates to establish that exposure to environmental smoke results in a constitutional claim. To date, prison practices including double-celling smoking and non-smoking inmates and exposing inmates to drifting or secondary smoke have not been declared unconstitutional. However, several court cases have held that an inmate, particularly someone with a preexisting medical condition, may have a constitutional right to a smoke-free environment. Under such circumstances, inmates might claim a case of cruel and unusual punishment. 3 figures, 2 notes, and 25 references