CHAPTER

1. CHAPTER 14 • Prison Life

2. Unit 9 SeminarPrisoner's Rights

3. Welcome Farewell Speech Prisoner’s Rights Movement Constitutional Rights of Prisoners Challenges of Prisoners Rights Wrap Up

4. Prisoners’ Rights Movement The convicted felon as slave of the state—prisoners lost their rights Judges became very involved in prisoners’ rights movement—prisoners won important rights regarding religion, correspondence, disciplinary procedures and medical care The crime control response of the federal and state courts—balanced position with prisoners rights and institutional interests

5. Basic Rights of Prisoners • Right to physical security and the minimum conditions necessary to sustain life • The right to received constitutionally guaranteed safeguards • The right to challenge the legality of their convictions through the courts • The right to receive the benefit of reasonable standards and procedural protections

6. First Amendment Rights • Religion • Censorship of personal correspondence—incoming or outgoing mail; prison must do so in the interests of security, order and rehabilitation; conducting interviews with the press • Freedom of speech—must not create institutional problems • Censorship of publications and manuscripts • Right to assemble

7. Fourth Amendment Rights • Search and seizure—not unreasonable as long as not harassing

8. Eighth Amendment Rights • Applied to living conditions, painful executions, excessive corporal punishment, medical experimentation and abuse of labor • Solitary confinement—separation okay if for protection • Physical abuse—cannot harm prisoners and can be held liable for attacks on inmates if they don’t try to stop them • Deadly force—okay to prevent severe bodily harm, escape—must be a last resort • Medical treatment—cannot withhold medical care • Racial segregation—not allowed

9. Fourteenth Amendment Rights • Due process—disciplinary hearings and helping each other prepare their cases for appeal. • Receive notification in writing of disciplinary hearings and have sufficient time to prepare case • Given written statement of findings • Incoming mail from attorney opened in presence of inmate to check for contraband but cannot be read

10. What are the positive aspects that the prisoners’ rights movement has had on correctional institutions?

11. Positives of Prisoners Rights Movement Bad conditions of worst prisons have been corrected Prisoners made greatest gains in the right to send and received letters Communicate with lawyers and the courts Right of religious freedom Mental and physical well-being, conditions of the prison

12. Challenges of Prisoners Rights Movement Overcrowding will create many problems Conditions of confinement can never satisfy prisoners Still do not get all rights awarded to those in general society

13. Case law in Corrections

14. In_____________, the Supreme Court ruled that inmates who were being denied the right to practice their religion were entitled to legal redress under 42 U.S.C.1983.

15. Cooper v. Pate

16. The ----------------opinion of the Supreme Court’s ruled that state correctional systems are obligated to provide inmates with either adequate law libraries or help of people trained in the law.

17. Bounds v. Smith

18. The Supreme Court held in -------------------that seven inmate law clerks for a prison population of 950 were sufficient legal representation since they had a great deal of experience.

19. Lindquist v. Idaho Board of Corrections

20. Withholding medical treatment is a violation of which Constitutional amendment?

21. The Fourteenth Amendment

22. Prisoner Rights

23. Prior to the 1960s, American courts had taken a neutral approach—commonly called the hands-off doctrine—toward the running of prisons. Rested on the belief that inmates experienced civil death. Hands Off Doctrine

24. In Pell v. Procunier (1974) the U.S. Supreme Court established the “balancing test.” Balancing test—attempts to weigh the rights of individuals against the state’s authority to make laws or otherwise restrict a person’s freedom in order to protect its interests and its citizens. Legal Basis of Prisoner Rights

25. Precedents in Prisoner Rights

26. First Amendment guarantees of freedom of speech apply to inmates’ rights in three areas: Receipt of mail Communications with others (especially those on the outside) Visitation Communications and Visitation

27. Receipt of Mail The courts generally have not allowed restrictions on receipt of published mail. Magazines that depict deviant sexual behavior can be banned. A prisoner’s mail can be censored if necessary for security reasons. Magazines, newspapers, and the like must be mailed from the publisher. Prisons cannot ban nude pictures of inmates’ wives or girlfriends. Communications and Visitation

28. Communications with Others In McNamara v. Moody (1979) a federal court upheld an inmate’s right to write vulgar letters to his girlfriend. Prisoners have no inherent right to publish material for use by other prisoners. Communications and Visitation

29. Visitation The U.S. Supreme Court upheld a policy that prohibited all inmate visits in Block v. Rutherford (1984). In Overton v. Bazzetta (2003), the Court upheld a state’s visitation plan that limited visitation for certain substance abusing inmates. Media members get no special privileges for interviews, but cannot be denied correspondence. Policies for media access must be administered fairly and without bias. Communications and Visitation

30. The First and Fourteenth Amendments provide the basis for inmates’ rights claim in the area of religious freedom. Religious Freedom

31. Established that prisoners must be given a “reasonable opportunity” to pursue their faith, even if it differs from traditional forms of worship. Meeting facilities must be provided for religious purposes when those same facilities are made available to other groups of prisoners for other purposes. Religious Freedom Cruz v. Beto (1972)

32. Prisoners in segregation do not have to be permitted the opportunity to attend religious services. Religious Freedom

33. Possessing Items of Worship In Dettmer v. Landona federal court held that a prisoner who claimed to practice witchcraft must be provided with the artifacts needed for worship. Drugs, dangerous substances, and dangerous items of worship may be banned. It is acceptable to ban wearing beards, even those grown for religious reasons (Hill v. Blackwell [1985]). Religious Freedom

34. The Religious Land Use and Institutionalized Persons Act (RLUIPA) of 2000. “No government shall impose a substantial burden on the religious exercise of a person residing in or confined to an institution even if the burden results from a rule of general applicability, unless the government demonstrates that imposition of the burden on that person 1) is in furtherance of compelling governmental interest; and 2) is the least restrictive means of furthering that compelling governmental interest.” Religious Freedom

35. Bounds v. Smith (1977) recognized the right of prisoners to petition the court. It is the duty of the state to assist prisoners in preparation and filing of legal papers. Assistance could be in the form of trained personnel or institutional law libraries. Access to the Courts and Legal Assistance

36. The Court in Lewis v. Casey (1996) overturned part of Bounds. Prisoners are not guaranteed the “wherewithal to file any and every type of legal claim.” Access to the Courts and Legal Assistance

37. The Court in Johnson v. Avery (1968) held that prisoners under correctional supervision have a right to consult “jailhouse lawyers” for advice when assistance from trained professional is not available. Access to the Courts and Legal Assistance

38. Indigent inmates: Do not have the right to an appointed lawyer if no judicial proceedings have been initiated against them. Must be provided with stamps for purposes of legal correspondence. Access to the Courts and Legal Assistance

39. In Estelle v. Gamble (1976) the U.S. Supreme Court concerned itself with “deliberate indifference” on part of staff toward prisoner’s need for medical attention. Court held prison officials responsible for providing adequate medical care. Deliberate indifference requires both actual knowledge and disregard of risk of harm (per Hudson v. McMillan [1992]). Medical Care

40. The issue of medical care includes whether inmates can be forced to take medication. In Washington v. Harper (1990), the U.S. Supreme Court held that prisoners can refuse the involuntary administration of antipsychotic drugs unless government officials can demonstrate an “overriding justification” as to why the drugs may be necessary. Medical Care

41. In Pennsylvania Department of Corrections v. Yeskey (1998), the U.S. Supreme Court held that the Americans with Disabilities Act (ADA) of 1990 applies to prisons and to prison inmates. Medical Care

42. Protection from Harm • Based on the Eighth Amendment, inmates have the right to: • Food, water, and shelter • Protection from foreseeable attack • Protection from predictable sexual attack • Protection against suicide

43. Protection from Harm • In Farmer v. Brennan (1994), the Court extended the deliberate indifference standard to claims of liability for harm. • Liability exists only if a prison official “knows that inmates face a substantial risk of serious harms and disregards that risk by failing to take reasonable measures to abate it.”

44. Protection from Harm In Helling v. McKinney (1993), the Court maintained that prison officials are responsible for maintaining environmental conditions under which health problems might be prevented from developing.

45. Most major Supreme Court cases have held that prisoners do not have a reasonable expectation to privacy when incarcerated. Examples: Katz v. U.S. (1967) U.S. v. Ready (1978) Hudson v. Palmer (1984) Block v. Rutherford (1984) Privacy

46. Prisons must provide formal opportunities to hear inmate grievances. Grievances handled internally. All sizable prisons have established procedures whereby an inmate files a complaint and receives a mandated responses. Procedures may include a hearing board made of both inmates and staff, or a single staff member may be responsible. Dissatisfied inmates may appeal to an external source. Grievances

47. Disciplinary actions by prison authorities may also require a formalized hearing process. Sanctions cannot be levied against inmates without appropriate due process (Wolff v. McDonnell [1974]). Disciplinary Actions

48. Courts generally have held that inmates going before disciplinary hearing boards are entitled to: Notice of the charges brought against them The chance to organize a defense An impartial hearing The opportunity to present witnesses and evidence in their behalf Disciplinary Actions

49. Many recent Supreme Court decisions have signaled what seems like a partial return to “hands off doctrine.” For example, consider: Wilson v. Seiter et. al (1991) Sandin v. Conner (1995) A Return to the Hands-Off Doctrine

50. The Prison Litigation Reform Act includes a number of provisions that are designed to reduce the number of frivolous lawsuits alleging unconstitutional prison conditions and reduce the number of state inmates filing lawsuits in federal courts. Research suggest that the PLRA has cut down on the number of lawsuits and changed the types of suits filed, though some opponents argue that it could stifle inmates facing real deprivations. Prison Litigation Reform Act (PLRA) of 1996