NCJ Number
85933
Journal
Denver Law Journal Volume: 59 Issue: 1 Dated: (1981) Pages: 93-132
Date Published
1981
Length
40 pages
Annotation
This article surveys the legal and administrative status of prisoners under several contending criminal justice standards, including the American Bar Association (ABA) Standards.
Abstract
The primary purpose of the ABA Standards is not to expand prisoner rights beyond those now recognized by courts and legislatures but to delineate the position of prisoners in relation to free citizens, on the one hand, and governmental authority, on the other. According to the Standards, prisoners retain the rights of free citizens except as specifically stated in the Standards, or when restrictions are necessary to assure orderly confinement or to provide reasonable protection for the rights of public safety. The Standards categorize correctional facilities; according to security, inmates' personal characteristics, and treatment needs. The ABA Standards, in contrast to others, are not silent as to procedures pursuant to which classification decisions are reached. The Standards also address circumstances of confinement, medical care, religious practices, education, external contacts, and miscellaneous claims or rights. To the degree that a correctional facility or program falls short of compliance, there is the risk that the ABA Standards, as well as other guidelines, will be invoked by the courts in placing legal restrictions on correctional administrations. The article provides 315 footnotes.