NCJ Number
199161
Journal
The Justice System Journal Volume: 23 Issue: 3 Dated: 2002 Pages: 295-316
Date Published
2002
Length
22 pages
Annotation
Based on survey results from State attorneys general and Federal district judges, this article discusses the consequences of the Prison Litigation Reform Act.
Abstract
After describing Congress’s passage of the Prison Litigation Reform Act (PLRA) of 1996 in order to impose barriers on prisoners’ ability to file civil-rights lawsuits against state officials while limiting the authority of Federal judges to order remedies in prisoners’ civil rights cases, the authors present a brief background to the PLRA itself. Following a description of the surveys conducted in order to identify and evaluate the consequences of the PLRA, the authors present the key provisions of the PLRA, focusing on the limitations of civil-rights litigation and limits imposed on Federal judges. Focusing on workload impact, unanticipated consequences, and parallel legislative action, the authors found that State attorneys general and United States district judges who participated in the survey indicated that the PLRA had effectively advanced its underlying objectives by reducing the number of civil-rights lawsuits filed by prisoners and reducing overall workload of both State attorneys general and Federal courts. The authors also found, however, that the PLRA has not produced continuing reductions in prisoner caseloads in all courthouses. The authors conclude that, overall, the PLRA embodies a successful effort on the part of Congress to limit judicial actions that protect the constitutional rights of convicted offenders. References