1. © 2003 Prentice Hall, Inc. 1 Chapter 13 Prison Life

2. © 2003 Prentice Hall, Inc. 2 Prisoner Rights: Legal Basis of Prisoners’ Rights Pell v. Procunier (1974) U.S. Supreme Court established “balancing test” balancing test - attempts to weigh rights of individual against the authority of the states to make laws or otherwise restrict a person’s freedom in order to protect its interests and its citizens

3. © 2003 Prentice Hall, Inc. 3 Cruz v. Beto (1972) This case established that prisoners must be given a “reasonable opportunity” to pursue their faith, even if it differs from traditional forms of worship. Meeting facilities must be provided for religious purposes when those same facilities are made available to other groups of prisoners for other purposes. Prisoner Rights Religious Freedom

4. © 2003 Prentice Hall, Inc. 4 Smith v. Coughlin (1984) Court held that prisoners in segregation do not have to be permitted the opportunity to attend religious services. Prisoner Rights

5. © 2003 Prentice Hall, Inc. 5 Dettmer v. Landon (1985) Federal court held that a prisoner who claimed to practice witchcraft must be provided with the artifacts necessary for his worship. Prisoner Rights

6. © 2003 Prentice Hall, Inc. 6 Hill v. Blackwell (1985) Prison regulations prohibiting the wearing of beards, even those grown for religious purposes, were held acceptable for security considerations. Prisoner Rights

7. © 2003 Prentice Hall, Inc. 7 Prisoner Rights Prisoners also have the right to: 1.attend services of other religious groups 2.receive visits from ministers 3.correspond with religious leaders 4.observe religious dietary laws 5.wear religious insignia

8. © 2003 Prentice Hall, Inc. 8 Freedom of Speech – contact with the media Pell v. Procunier (1974) Supreme Court held that media interviews could be conducted through regular visitation arrangements or through correspondence, but denied prisoners opportunity to hold special meetings with members of the press. Prisoner Rights

9. © 2003 Prentice Hall, Inc. 9 Houchins v. KQED, Inc. (1978) News personnel cannot be denied correspondence with prisoners, but they have no constitutional right to interview prisoners or to inspect correctional facilities beyond the visitation opportunities available to others. Prisoner Rights

10. © 2003 Prentice Hall, Inc. 10 Prisoner Rights Mallery v. Lewis (1983) Magazines which depict deviant sexual behavior can be banned, however, prisons cannot ban nude pictures of inmates’ wives and girlfriends.

11. © 2003 Prentice Hall, Inc. 11 Freedom of Speech – right to communicate with non-prisoners Procunier v. Martinez (1974) Prisoner’s mail may be censored if it is necessary to do so for security purposes. Prisoner Rights

12. © 2003 Prentice Hall, Inc. 12 McNamara v. Moody (1979) Court upheld right of prisoner to write vulgar letters to his girlfriend, in which he made disparaging remarks about prison staff. Prisoner Rights Freedom of Speech – right to communicate with non-prisoners

13. © 2003 Prentice Hall, Inc. 13 Legal Assistance – right to access the courts Bounds v. Smith (1977) Right of prisoners to petition the court was recognized. It is the duty of the state to assist prisoners in preparation and filing of legal papers. Prisoner Rights

14. © 2003 Prentice Hall, Inc. 14 Lewis v. Casey (1996) Court overturned part of Bounds v. Smith (1977). Prisoners are not guaranteed the “wherewithal to file any and every type of legal claim.” States are required to provide tools to prisoners so they can attack their sentences and conditions of confinement. Prisoner Rights Legal Assistance – right to access the courts

15. © 2003 Prentice Hall, Inc. 15 Legal Assistance Prisoners also have the right to: visits from attorneys mail communications with attorneys communicate with legal assistance organizations consult with “jail-house lawyers” Prisoner Rights

16. © 2003 Prentice Hall, Inc. 16 Medical Treatment – sanitary and healthy conditions Ruiz v. Estelle (1982) Court found Dept. of Corrections lacking in its medical treatmentprograms. Court monitored Dept. of Corrections while it improved: a)record keeping b)physical facilities c)general medical care Prisoner Rights

17. © 2003 Prentice Hall, Inc. 17 Newman v. Alabama (1972) prison medical services inadequate not enough medical personnel poor physical facilities poor medical records lack of medical supplies medically untrained personnel who determined need for treatment Prisoner Rights Medical Treatment – sanitary and healthy conditions

18. © 2003 Prentice Hall, Inc. 18 Medical Treatment – right to medical attention for serious problems Estelle v. Gamble (1976) Court concerned itself with “deliberate indifference” on part of staff toward prisoner’s need for serious medical attention. Court specified prison officials’ duty to provide for inmates’ medical care. Prisoner Rights

19. © 2003 Prentice Hall, Inc. 19 Right to Protection Prisoners have the right to: food, water, and shelter A.protection from foreseeable attack B.protection from predictable sexual attack C.protection against suicide Prisoner Rights

20. © 2003 Prentice Hall, Inc. 20 Right to Privacy Most of the major Supreme Court cases have held that prisoners cannot have a reasonable expectation to privacy when incarcerated. Examples: Katz v. U.S. (1967) U.S. v. Ready (1978) Hudson v. Palmer (1984) Block v. Rutherford (1984) Prisoner Rights

21. © 2003 Prentice Hall, Inc. 21 Hudson v. Palmer (1984) Palmer was a prisoner, Hudson was a correctional officer. Palmer claimed Hudson had destroyed some of his property following a cell search. Palmer’s complaint centered on lack of due process which accompanied the destruction. Court ruled that prison officials need to be able to conduct thorough, unannounced searches, and that these searches preclude prisoner privacy in personal possessions. Prisoner Rights

22. © 2003 Prentice Hall, Inc. 22 partial return to “hands off doctrine” established grievance procedure Prison Litigation Reform Act (1996) Prisoner Rights

23. © 2003 Prentice Hall, Inc. 23 Prisons Today Issues Aids geriatric offenders mentally ill inmates