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Criminal Justice - Prisons and Prisoners' Rights

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Study GuideCriminal JusƟce–Prisons and Prisoners' Rights1. Prisoners’ RightsPrisoners’ rights have evolved a lot over time. Let’s explore how the law has treated inmates in theU.S. and what rights they currently have.1.1 TheHands-OffEraDuring the 19th century, American courts followed the“hands-off” doctrine. This meant judgesusually didn’t interfere with how prisons were run. Courts considered prisoners as “slaves of the state”and believed theylost their rightsbecause of their crimes.Judges avoided getting involved because they didn’t want to interfere with the executive branch’scontrol over prisons, respecting the principle ofseparation of powers.1.2 Change in the 1960s and 1970sThings started changing in the 1960s and 1970s. Courts began recognizing thatprisoners still haveconstitutional rights. Several factors caused this shift:•Black Muslim prisoners actively filed claims with the courts.•TheWarren Courtsupported protecting the rights of minorities, including those accused orconvicted of crimes.•Key legal cases made it easier for inmates to challenge prison conditions.For example:•Monroe v. Pape (1961):Citizens could sue state officials in federal court underSection 1983without exhausting state court remedies. This allowed inmates to challenge violations of theirconstitutional rights.•Robinson v. California (1962):The Eighth Amendment’s ban on cruel and unusualpunishment now applied to state prisons.

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Study GuideToday, prisonershave rights, but courts still recognize they havefewer rights than free citizens,mainly to maintain prison security and enforce punishment. Recent courts, like theRehnquist Court,have given prison officials more authority to decide restrictions on inmates.1.3 Key Rights of Prisoners1. The Right to Free SpeechTheFirst Amendmentprotects freedom of speech. Since 1970, courts have extended this right toprisoners. For example:•Procunier v. Martinez (1974):Prisoners challenged mail censorship rules that blockedcriticism of prison conditions. The Supreme Court said:1.Restrictions on speech must be necessary for security or a significant governmentinterest.2.Rules must not limit communication more than necessary.2. The Right to Freedom of AssociaƟonPrisoners can also associate freely under the First Amendment. But courts have allowed somerestrictions:•Jones v. North Carolina Prisoners’ Labor Union (1977):Courts upheld limits on prisonerlabor unions.3. The Right to Freedom of ReligionPrisonershave the right to practice their religion. Prison authorities must provide opportunities forinmates to observe their faith.4. The Right of Access to the CourtsThis isone of the most important rights. Prisoners can filecivil rights suits under Section 1983,which has led to:•The right to legal help from jailhouse lawyers.

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Study Guide•Access to adequate law libraries.5. Rights in Prison Disciplinary ProceedingsTheFifth and Fourteenth Amendmentsguaranteedue process. Inmates facing disciplinary actions(like losing “good time”) have rights, according toWolff v. McDonnell (1974):•To be notified of charges before hearings.•To call witnesses.•To get helppresenting a defense (not necessarily an attorney).•To receive a written statement explaining the decision.•To have animpartial decision maker.6. The Right to Equal ProtecƟonTheFourteenth Amendmentguarantees equal protection. Common claims involve:•Racial discrimination.•Gender discrimination—female inmates must have access to facilities, programs, andprivilegescomparableto male inmates.7. The Right to PrivacyPrisoners generallydo not have Fourth Amendment privacy rights. Courtsallow:•Warrantless searches of cells.•Monitoring of movements and activities.•Hudson v. Palmer (1984):Prisoners have no expectation of privacy in their cells.Sometimes privacy conflicts arise withgender of staff, such as male officers observing femaleinmates. Courts have ruled that occasional observation is allowed, butstrip searches by opposite-sex officersare generally prohibited.8. The Right to Be Free from Cruel and Unusual PunishmentTheEighth Amendmentprohibits cruel and unusual punishment. Common complaints include:

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Study Guide•Poor medical care.•Excessive force by staff.•Unsafe conditions, like attacks by other inmates.•Estelle v. Gamble (1976):Deliberate indifference to medical needs counts as cruel andunusual punishment.•Bell v. Wolfish (1979):Double-celling isn’t automatically unconstitutional.9. Rights of ProbaƟoners and ParoleesEven peoplenot in prison but on parole or probationhave rights.•Morrissey v. Brewer (1972):Parolees have rights to notice, hearings, cross-examinewitnesses, and a neutral decision maker.•Gagnon v. Scarpelli (1973):Probationers get similar protections.10. Rights AŌer ReleaseEx-felons face many legal obstacles, sometimes calledcivil death, including:•Losing the right to vote.•Barred from certain jobs.•Cannot serve on juries.Voter disenfranchisement affects communities disproportionately, especially African Americans.11. Megan’s LawSome states impose special restrictions onsex offenders.•Example: New Jersey’s law after the murder of 7-year-old Megan in 1994 requires offenderstoregister with police.•Police notify neighbors, schools, and the public.•While this protects communities, it can also put offenders at risk from vigilantes.
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Document Details

University
Texas A&M University
Course
Criminal Justice
Subject
Criminal Justice

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