Chapter 13 Prison Life

1. Chapter 13Prison Life

2. 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 Prisoner Rights: Legal Basis of Prisoners’ Rights

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. Prisoner Rights Smith v. Coughlin (1984) Court held that prisoners in segregation do not have to be permitted the opportunity to attend religious services.

5. Prisoner Rights 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.

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

7. Prisoner Rights Prisoners also have the right to: • attend services of other religious groups • receive visits from ministers • correspond with religious leaders • observe religious dietary laws • wear religious insignia

8. Prisoner Rights 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.

9. Prisoner Rights 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.

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. Prisoner Rights 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.

12. Prisoner Rights Freedom of Speech – right to communicate with non-prisoners 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.

13. Prisoner Rights 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 prisonersin preparation and filing of legal papers.

14. Prisoner Rights Legal Assistance – right to access the courts 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.

15. Prisoner Rights 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”

16. Prisoner Rights Medical Treatment – sanitary and healthy conditions Ruiz v. Estelle (1982) • Court found Dept. of Corrections lacking in its medical treatment programs. • Court monitored Dept. of Corrections while it improved: • record keeping • physical facilities • general medical care

17. Prisoner Rights Medical Treatment – sanitary and healthy conditions 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

18. Prisoner Rights 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.

19. Prisoner Rights Right to Protection Prisoners have the right to: • food, water, and shelter • protection from foreseeable attack • protection from predictable sexual attack • protection against suicide

20. 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 Right to Privacy

21. 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 Hudson v. Palmer (1984)

22. Prisoner Rights • partial return to “hands off doctrine” • established grievance procedure • Prison Litigation Reform Act (1996)

23. Prisons Today Issues • Aids • geriatric offenders • mentally ill inmates