U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Perspectives on Judicial Intervention in Prisoners' Rights Litigation (From Festschrift for Sarah B Scharr, P 111-117, 1987, Gad J Bensinger, ed. -- See NCJ-111056)

NCJ Number
111062
Author(s)
H Scott
Date Published
1987
Length
7 pages
Annotation
The U.S. Supreme Court decisions in Meachum v. Fano (1976), Jones v. North Carolina Prisoners' Labor Union (1977), and Bell v. Wolfish (1979) apparently established a new 'hands-off' doctrine pertaining to inmates' rights by overlooking specific facts and placing the burden of proof on the inmate in litigation involving prison policies and procedures.
Abstract
In 'Meachum' the Court held that transfers of inmates between institutions did not involve a 'liberty interest' that would invoke due-process constitutional protections. The Court reasoned that such transfers required no more than an administrator's judgment as to what would best serve institutional security and the inmate's welfare. In 'Jones,' the Court, reversing a lower court decision, held that proper deference to the expertise of prison administrators had not been shown in matters where the prison administration restricted the activities of the North Carolina Prisoners' Labor Union. The Court further argued that such restrictions were justified when the peculiar and restrictive nature of confinement was considered. Bell v. Wolfish was a class action suit that challenged various confinement conditions for pretrial detainees at the Federal Bureau of Prison's Metropolitan Correctional Center in New York City. In reversing the lower court's decision, the Supreme Court stated that protection of the pretrial detainees' 'liberty interests' required only that restrictions not constitute punishment or be punitive in their intent. Pretrial detainees' presumption of innocence was rejected by the Court as a basis for affirming detainees' rights. 10 notes.