NCJ Number
85210
Journal
North Carolina Central Law Journal Volume: 12 Issue: 2 Dated: (1981) Pages: 434-460
Date Published
1981
Length
27 pages
Annotation
Eighth amendment (cruel and unusual punishment) violations against female inmates derive from ignoring the special needs of women inmates and unwarranted denials to women of equal access and opportunities in conditions and privileges incident to confinement.
Abstract
The only legitimate objective of the prison as a physical entity is the secure confinement of the inmates. Physical conditions, practices, policies, and rules of prisons which exceed this objective and are themselves violative of the vested liberty interest of the inmate fall within the protection of the eighth amendment. The general treatment of women in the prison system is disproportionate to the types of crimes for which they are being punished. The punishment is excessive because it fails to consider that females as a class are distinctly more amenable to rehabilitation and less in need of security restrictions than men. Further, women are socialized to be more modest and to have a higher regard for cleanliness and privacy. Prison medical services generally evidence insensitivity to the medical needs of females. Also, as a consequence of being a minority within the general prison population, women suffer from discrimination inherent within the classification system applied to them. Recommendations are that (1) women should be viewed as a distinct class within the system, whose needs should be identified and met; (2) systems should individualize the rules and regulations governing the administration of prisons and the treatment of inmates in a unit; and (3) an independent chairperson should be established to hear alleged violations of equal protection, as well as infringements of privacy rights, denials of adequate medical care, and other legitimate inmate complaints. The chairperson would have the authority to impose punishment, issue warnings and injunctions to prison personnel, and recommend legislative improvements. A total of 118 footnotes is provided.