Civil Rights of Inmates

Rights of Inmates come from: Federal government through the ____of _______ & _______________ ___________________________________ BILLRIGHTS CONSTITUTION STATE CONSTITUTION STATE ADMINISTRATIVE CODES (NAC) AGENCY POLOCIES & PROCEDURES

Rights vs. Privileges Rights are _______________ to all inmates and can only be compromised for reasons related to ___________ Privileges are favors granted to the inmate for various reasons. Privileges can be _______________ rights ____________ GUARANTEED SECURITY TAKEN AWAY CANNOT

What inmates give up The biggest thing inmates lose is their _____________ The right to free ____________ The right to ________ The right to be free from _____________________ without _________________ FREEDOM ASSEMBLY VOTE SEARCH & SEIZURE PROBABLE CAUSE

Rights that remain in effect are: Subject to ________________ when they conflict with ____________________ MODIFICATION SECURITY MATTERS

Inmate basic constitutional rights To be free from discrimination based on race, religion and national origin To be free from cruel and unusual punishment The right to religious freedom The right to reasonable and prudent care The right of due process/access to the courts The right to send and receive mail

Balancing Test Question When can an Inmates right to Freedom of Speech and Freedom of Religion be restricted? When it conflicts with SAFETY, SECURITY and CONTROL of the institution.

Balancing Test Question Does the Constitution guarantee basic rights to all citizens, including Inmates? True or False?

Balancing Test Question Do Inmates have a Constitutional right to be protected against the constant threat of violence? Cruel and Unusual Punishment (Eighth Amendment) Inmates are protected against cruel and punishment, defined as those punishments that are incompatible with the evolving standards of decency that mark the progress of a maturing society; deliberate indifference to inmates’ rights.

Cruel and unusual punishment CONDITIONS CONDITIONS CLOTHING CLOTHING VENTILATION VENTILATION OVERCROWDING OVERCROWDING HYGIENE HYGIENE VERBAL ABUSE VERBAL ABUSE PHYSICAL ABUSE PHYSICAL ABUSE

Cruel and Unusual Punishment cont. Duty to Protect… We are required, by law, to move an inmate who is in fear for his life or in need of protective custody.

DUE PROCESS: The inmate’s right to due process under the law is protected under the Fourteenth Amendment.

Balancing Test Question Define: “Good Faith.” Good faith – Whitley v. Albers, United States Supreme Court, As long as security measures are taken in good faith, a resulting injury to an inmate does not entail Eighth Amendment violations.

Privileged Communication: An Inmate's phone call is ONLY privileged when they are talking to their attorney! At any other time they may be monitored for safety and security of the institution.

Inmate Mail: When may an inmate’s mail be inspected for contraband? Mail can be read, but only censored if there is an important security breach (AR 750). – The Department has the right to inspect all incoming or outgoing general correspondence or mail for contraband per AR 750.

Expectation of Privacy: According to “Policy” Inmates have no expectation of privacy when speaking to any other inmate.

OFFICER LIABILITY! An Officer violating an inmates civil rights may be subject to disciplinary action as well as being sued by the inmate.

Wolf V. McDonald: Case covers Due Process and the fact the inmate must be notified 24 hours in advance of loss of privileges and Stat time and Work Credits.

Exception to the visiting privilege A visit with a lawyer is a ______ so this cannot be ______________ However, it can be __________ in the interest of __________ to a ______________ visit. RIGHT TAKEN AWAY MODIFIED SECURITYNON-CONTACT

Unreasonable Search and Seizure No protection in prison cells (open to question if searches are done merely to harass) Pat search – ______________ Strip search – _______________________ Body cavity – _______________________ –_–________________________________________ ANY REASON REASONABLE BELIEF PROBABLE CAUSE: MUST BE CONDUCTED BY MEDICAL STAFF

Steinberg Vs Taylor That shakedown procedures very like those adduced at trial denied the inmates due process, and that receipts must be given for seized property, and certain minimal procedures must be provided to enable an inmate to challenge a seizure.

Define: Civil Rights According to Dictionary.com, plural noun, (often initial capital letters) 1.rights to personal liberty established by the 13th and 14th Amendments to the U.S. Constitution and certain Congressional acts, especially as applied to an individual or a minority group. 2.the rights to full legal, social, and economic equality extended to blacks.

Inmates Responsibilities The first and primary responsibility is to uphold the ________________________ To keep themselves and their ________________________ Carry out _________________________________ RULES OF THE AGENCY LIVING AREA CLEAN LEGITIMATE WORK ASSIGNMENTS

Constitutional Rights of Inmates Are There Any Questions