Prisons Within Prisons - Gay Prisoners and Protective Custody (From Prisoners and the Law, P 14-3 to 14-31, 1985, by Ira P Robbins, ed. - See NCJ-100564)

• NCJ Number: 100573
• Author(s): J W Howarth
• Date Published: 1985
• Length: 29 pages
• Sale Source: Clark Boardman Company, Ltd
• Language: English
• Country: United States of America

Annotation

Due process procedural safeguards should apply both to nonvoluntary assignment of gay inmates to protective custody and refusal of a gay inmate's request for protective custody. Equal protection and eighth amendment principles require that protective custody conditions be comparable to those of the general prison population.

Abstract

The U.S. Supreme Court has ruled that procedural due process requires at least an informal review of an unwanted protective custody assignment, including the opportunity for the inmate to submit information that disputes the need for protective custody. The constitutional principles of equal protection and prohibition against cruel and unusual punishment require that the physical conditions and prison services for protective custody inmates be similar to those provided for inmates in the general prison population. 205 notes.