NCJ Number
5400
Journal
JOURNAL OF CRIMINAL LAW, CRIMINOLOGY AND POLICE SCIENCE Volume: 63 Issue: 2 Dated: (JUNE 1972) Pages: 185-199
Date Published
1972
Length
15 pages
Annotation
STATE AND FEDERAL LEGISLATIVE AND JUDICIAL REMEDIES AVAILABLE TO PRISONERS COMPLAINING OF INADEQUATE MEDICAL CARE ARE DESCRIBED. FURTHER POLITICAL, INSTITUTIONAL, AND LEGAL SOLUTIONS ARE SUGGESTED.
Abstract
DESPITE THE FAIRLY GENEROUS POSITION OF STATE COURTS IN RECOGNIZING PRISONERS' SUBSTANTIVE RIGHTS TO NECESSITIES SUCH AS MEDICAL CARE, PROCEDURES FOR ENFORCEMENT OF THESE RIGHTS ARE INADEQUATE. THE WRIT OF HABEAS CORPUS IS THE METHOD MOST OFTEN USED BY STATE PRISONERS SEEKING INJUNCTIVE RELIEF, BUT THIS IS OFTEN DENIED. FOR INMATES OF FEDERAL PRISONS, RELIEF MAY BE GRANTED IF THE DENIAL OF MEDICAL TREATMENT AMOUNTS TO CRUEL AND UNUSUAL PUNISHMENT. THE PETITIONER MUST ALSO ALLEGE THAT MEDICAL CARE WAS ADMINISTERED AS PUNISHMENT. RECENT CASES INVOLVING THE APPLICATION OF FEDERAL LAWS TO STATE INSTITUTIONS ARE CITED. IT IS CONCLUDED THAT ADEQUATE MEDICAL CARE CANNOT BE SYSTEMATICALLY PROVIDED IN LARGE PRISONS. STATUTORY CHANGES CAN EFFECTIVELY CONVERT WHAT ARE NOW PRIVILEGES INTO RIGHTS, CAN NARROW THE RANGE OF DISCRETION WHERE ABUSES HAVE BEEN FREQUENT, AND CAN MOTIVATE RULEMAKING AND MORE EFFECTIVE ADMINISTRATIVE CONTROL. IMPROVEMENT IN GENERAL PRISON CONDITIONS WILL ALSO LEAD TO IMPROVED MEDICAL CARE BY REDUCING OVERCROWDING, AND MOVING FACILITIES CLOSER TO BIG CITIES WILL MAKE AVAILABLE GREATER MEDICAL TALENT. IT IS RECOMMENDED THAT THE STATE OF KNOWLEDGE OF PRISON MEDICINE BE IMPROVED, THAT A SINGLE PRISON SYSTEM BE PROMOTED IN THE INTEREST OF COORDINATING CARE EFFORTS, AND THAT THE TENURE OF PRISON MEDICAL PERSONNEL BE LIMITED TO 5 YEARS. FURTHER, EFFECTIVE LEGAL REPRESENTATION IS NECESSARY TO GUARANTEE NECESSARY SERVICES. TWO RECENT MAJOR INNOVATIONS SHOULD BE PURSUED: THE INVOLVEMENT OF LAWYERS AND LAW STUDENTS IN PRISONERS' RIGHTS LITIGATION AND THE CREATION OF INDEPENDENT HEARING BODIES WITH POWER TO INVESTIGATE COMPLAINTS, CONDUCT HEARINGS, INSPECT FACILITIES, AND TAKE CORRECTIVE ACTIONS. THESE CAN TAKE THE FORM OF NEGOTIATION, THE OMBUDSMAN, AND THE GRIEVANCE COMMISSION. FOOTNOTES ARE PROVIDED.