NCJ Number
166147
Date Published
1996
Length
42 pages
Annotation
Major legal issues concerning female inmates are discussed to assist jail administrators in addressing housing, service, and program issues related to female inmates.
Abstract
Women accounted for 11 percent of the total adult jail inmate population in June 1996. Jails tend to offer fewer programs and services to female inmates than to male inmates. The potentially most important area of litigation for female inmates arises under the Equal Protection Clause of the 14th Amendment. This type of claim is known as a parity case. It asks corrections officials to explain and justify differences that commonly exist in housing, privileges, and programming provided for male and female inmates. Medical issues are also important for female inmates. Sexual harassment and physical abuse are further legal concerns for women. Most other legal issues of concern to women are similar to those for male inmates. The trend in litigation is similar for male and female inmates in that courts are following the direction of the U.S. Supreme Court and are not taking the strong role they did in past years. In addition, fewer attorneys and law firms are willing to take on major correctional reform cases, and some legislation has focused on reducing Federal Court power over corrections agencies. Nevertheless, courts continue to protect rights previously identified by the Supreme Court. Appended background information, reference notes, and 15 references