NCJ Number
92630
Date Published
1983
Length
619 pages
Annotation
Following a discussion of the constitutional foundations for Federal court intervention in prison conditions and policies, 15 representative excerpts from published Federal court opinions provide a preview of the courts' role in dealing with prison conditions; a series of judicial opinions then focuses on 21 issues bearing upon inmate housing, services, and treatment.
Abstract
After examining the changing role of the Federal courts in moving from a 'hands-off' policy with respect to prison administration to one of intervention, the constitutional rights of prisoners are explained under the principles of first amendment rights, due process of law, cruel and unusual punishment, equal protection of the laws, unreasonable searches and seizures, and slavery and involuntary servitude. In presenting 15 representative excerpts from published Federal court opinions on the relationship between enforceable constitutional rights and the administrative management of penal institutions, the purpose is to provide a general preview of judicial reflections on the sometimes fragile balance between what the Constitution may have intended and what prison administrators have in their discretion provided or withheld. The excerpts mirror the types of deliberations recorded by the Federal judiciary in the 1970's when confronted by litigation pertaining to the constitutional rights of prisoners. A section is then devoted to judicial opinions on alleged unconstitutional conditions and practices in U.S. jails and prisons. The issues covered are access to the courts, rehabilitation, pretrial detainees, visiting privileges, disciplinary hearings, religion, medical treatment, intrastate transfers, transfers to segregation, and interstate transfers. Additional issues include open-cell policy in isolation, cell size and 'double celling,' punitive isolation, assaults by prisoners or staff, protective custody, mail rights, prisoners' labor unions, totality of conditions, prison staffs, Civil Rights Act, and escapes. The appendixes provide abbreviations and definitions, a table of cases, a consent decree, an extensive annotated bibliography, standards, and related constitutional amendments. A subject index is also included.