NCJ Number
105421
Journal
Golden Gate University Law Review Volume: 16 Issue: 3 Dated: (Fall 1986) Pages: 455-474
Date Published
1986
Length
20 pages
Annotation
Incarcerated women should use litigation to demand minimum health, pregnancy, and young child-care standards.
Abstract
The eighth amendment forbids cruel and unusual punishment. The U.S. Supreme Court admitted a Federal civil rights' action by a prisoner proving deliberate indifference to serious medical needs. Prison officials can be compelled to remedy deficient medical procedures, especially for pregnant women, to avoid litigation. In most States, a mother in prison is separated from her infant soon after birth. For example, Florida statute provides for birth outside the institution and child placement outside the prison system. However, New York allows an incarcerated mother, who is judged fit, to keep her infant for 1 year if the institution head and, later, the sheriff permit. California has established a half-way house where prisoners can care for their young children while serving parts of their sentences. 144 references.