Prisoner rights
Prisoner rights refer to the legal protections and civil liberties afforded to individuals who are incarcerated. While prisoners do lose certain rights upon entering the correctional system, various federal and state laws, along with constitutional amendments, safeguard some of their fundamental rights. Key protections include the Eighth Amendment, which prohibits cruel and unusual punishment, and the Fourteenth Amendment's Equal Protection Clause, which ensures that prisoners are not subjected to discrimination based on race, sex, or creed.
Historically, the perception of prisoners has shifted from viewing them as "slaves of the state" to recognizing their entitlement to legal rights, particularly following important court rulings in the 1960s and beyond. Prisoners retain limited rights such as due process during disciplinary actions, freedom of religion, and certain aspects of free speech, although these rights can be restricted for security reasons. Moreover, standards for medical care and protection against sexual harassment are also mandated. After release, rights can be further complicated, as many states impose voting restrictions and other limitations, particularly for those with felony convictions. Understanding these rights is crucial, given the complexities surrounding the treatment and rehabilitation of incarcerated individuals in the U.S.
Prisoner rights
Certain federal and state laws exist to protect the rights and civil liberties of prisoners. The United States Constitution grants Americans rights and privileges. Imprisoned individuals forfeit some of these rights during and even after incarceration; however, certain amendments and laws protect prisoners. For example, the Eighth Amendment protects prisoners’ rights by prohibiting “cruel and unusual punishments.”
The Equal Protection Clause of the Fourteenth Amendment further applies to prisoners. It protects them against unequal treatment based on their race, sex, and creed. The Model Sentencing and Corrections Act states that imprisoned individuals cannot be discriminated against on the basis of race, religion, national origin, or sex. Prisoners have other limited rights as well.
The United States has the highest incarceration rate in the world. Nearly 2 million people are imprisoned in its local, state, and federal facilities. This number—more than one out of every one hundred adults—has quadrupled since 1980. This high incarceration rate is exacerbated by revised laws and sentencing requirements for drug offenders.
Rights While in Prison
During the nineteenth century, prisoners were thought of as “slaves of the state.” They forfeited their rights because of their crimes. Judges did not encroach on the authority of correctional institutions, but by the 1960s, the courts were forced to intervene on behalf of several cases involving constitutional claims of prisoners.
The US Supreme Court ruled in the case Monroe v. Pape (1961) that citizens, including prisoners, may file suits regarding Section 1983 of the Civil Rights Act of 1871, which states a person may be held liable for depriving another person of his or her constitutional rights. In Robinson v. California (1962), the court ruled that prisoners are further protected against cruel and unusual punishment under the Eighth Amendment.
The rulings in these cases and others like it protect prisoners’ rights; however, prisoners do not have the same rights as everyone. They have many limited rights. For example, prisoners do not have the right to privacy as protected by the Fourth Amendment. Institutions can conduct warrantless searches, monitor prisoners, and access prisoners’ personal belongings and cells to maintain security. Many prisoners have filed suits pertaining to privacy concerns, especially regarding correctional officers of a different sex monitoring them. The Supreme Court ruled that the right to privacy is not violated by these actions but limited strip searches only to be performed by a correctional officer of the same sex as the prisoner.
The First Amendment protects free speech, and prisoners have filed numerous censorship suits. The Supreme Court ruled that an institution can restrict free speech if it is an impediment to security. It also ruled that institutions cannot ban prisoner communication or read mail. It granted prisoners the right to complain about conditions of institutions. The First Amendment also guarantees freedom of religion, which has been extended to prisoners. Institutions must provide opportunities for imprisoned individuals to practice their religions. Prisoners cannot be discriminated against for their religious beliefs.
The Fifth Amendment and Fourteenth Amendment guarantee due process to everyone. Due process is a protection of one’s legal rights. The ruling in Wolff v. McDonnell (1974) extended the right of due process to prisoners. The ruling states that during disciplinary proceedings, prisoners have rights such as notification of the charges against them, having witnesses testify, receiving assistance during their defense, receiving a written statement regarding evidence, and having an impartial judge or jury hear their case. In addition, the Fourteenth Amendment guarantees all citizens “equal protection of the laws,” which means all prisoners are treated equally under the law regardless of their race, ethnicity, age, or sex.
The Americans with Disabilities Act protects imprisoned individuals with disabilities and ensures they receive certain accommodations so they can access prison facilities. Prisoners are also protected from sexual harassment and sex crimes such as rape committed by other prisoners and correctional officers.
The Eighth Amendment protects prisoners from “cruel and unusual punishments.” However, the courts have not clearly defined what constitutes “cruel and unusual.” Some situations that could violate this amendment include neglecting to give a prisoner proper medical care, correctional officers abusing or torturing prisoners, correctional officers failing to protect prisoners during attacks, etc. All prisoners have the right to adequate medical care and mental health care. Providing adequate treatments means prisons do not have to provide the best care available. For example, a prisoner with a dental cavity might get a tooth pulled even though a filling would be the best solution to the problem.
Rights After Release from Prison
Most states bar imprisoned individuals from voting. Once released from prison, the formerly incarcerated are once again allowed to vote unless they were convicted of a felony. In many states, those convicted of a felony cannot vote, sit on juries, or work certain jobs—even after serving out their sentences and being released from prison.
Convicted sex offenders must adhere to certain requirements after they are released from prison. Such legislation is known as Megan’s Law, which is named for a seven-year-old girl who was raped and murdered by a convicted sex offender in New Jersey in 1994. According to these laws, convicted sex offenders must register with local police departments after their release from prison. Police are then required to notify communities of the presence of a sex offender.
Some rights, such as the right to vote or serve on a jury, might be restored to former prisoners by way of a pardon; the president or a state governor may also restore rights. Some states seal and expunge, or remove, prisoner records, making it easier for an individual to gain employment upon release and receive other rights as well as reduce the negative stigma attached to serving time in prison.
Bibliography
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Klein, Ezra, and Evan Soltas. “Wonkbook: 11 Facts About America’s Prison Population.” Wonkbook. Washington Post. 13 Aug. 2013. Web. 18 Nov. 2014. <http://www.washingtonpost.com/blogs/wonkblog/wp/2013/08/13/wonkbook-11-facts-about-americas-prison-population/>
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"United States Profile." Prison Policy Initiative, www.prisonpolicy.org/profiles/US.html. Accessed 13 Dec. 2024.