NCJ Number
179314
Journal
Civil Rights Journal Volume: 3 Issue: 1 Dated: Fall/1998 Pages: 25-28
Date Published
1998
Length
4 pages
Annotation
This article examines the Prison Litigation Reform Act of 1995.
Abstract
The extraordinary increases in incarceration in the United States since 1980 reflect attitudes that crime is rampant in the country, that the typical criminal is violent and different from other people and that the solution is to lock them up. The Prison Litigation Reform Act (PLRA) of 1995 prohibits Federal judges from issuing an injunctive order related to prison conditions (e.g., overcrowding) based on a violation of the Constitution (e.g., cruel and unusual punishment) or Federal statute unless the order satisfies four standards: (1) the order is narrowly drawn; (2) it extends no further than necessary to correct the violation of the Constitution; (3) it is the least intrusive means necessary; and (4) it gives substantial weight to any adverse impact on public safety or the operation of the criminal justice system. The PLRA also purports to end all past injunctive orders unless they contained such specific written conclusions by the judge or the judge decides that relief remains necessary because of a current and ongoing constitutional violation. The article discusses the potential impact of the PLRA on citizens’ rights.