NCJ Number
146968
Journal
Criminal Law Bulletin Volume: 30 Issue: 1 Dated: (January-February 1994) Pages: 5-29
Date Published
1994
Length
25 pages
Annotation
The development of prisoners' rights jurisprudence is presented.
Abstract
This article takes issue with Justice Thomas' dissenting opinion in Hudson v. McMillan, 112 S.Ct. 995 (1992), in which Justice Thomas propounds the view that the Eighth Amendment has no application to deprivations suffered by a prisoner beyond those inflicted by the sentence. The author rebuts Justice Thomas' opinion by concluding that the authorities cited in his opinion do not support him. Further, the author contends that Justice Thomas fails to recognize the historical practice of the courts to remedy violations of the rights of prisoners by focusing on Federal courts of appeals cases decided from the 1940s to the early 1960s, during which period the "hands-off" doctrine was developed. By citing cases decided during this period, Justice Thomas relies on authority representing the low point in the evolution of prisoners' rights jurisprudence. 147 footnotes