NCJ Number
101289
Journal
Annual Survey of American Law Issue: 1 Dated: (1983) Pages: 141-173
Date Published
1983
Length
33 pages
Annotation
This article reviews and discusses State, Federal, and U.S. Supreme Court attempts to protect inmates' constitutional rights without usurping the role of prison officials and State legislatures in policy formulation and prison administration.
Abstract
These cases have fallen into three major areas. In the first, courts have examined the conditions of confinement, particularly those related to overcrowding, and have developed judicial standards for cruel and unusual punishment. In these cases, the decisions ranged from almost total deference to prison authorities to extreme judicial involvement in correctional reform. Similarly, in the area of the right to privacy and freedom of religion, courts have varied in their degree of deference and in the weight accorded to competing State and individual interests. Several courts have distinguished between the right to refuse treatment and the right to commit suicide by starvation. While courts have in some cases upheld the former right, they have rarely permitted it to outweigh the State interest in protecting life. Finally, a number of cases have dealt with inmates' right to access to the courts and to adequate law libraries and legal assistance. In some cases this right has been restricted, while in others it has been upheld. In general, in these areas, courts have complied with the U.S. Supreme Court's mandate of judicial deference to prison authorities. Such a policy skews the balancing of interests and may not adequately protect prisoners' rights. 244 footnotes.