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

Hands-Off, Hands-On, Hands-Semi-Off: A Discussion of the Current Legal Test Used by the United States Supreme Court to Decide Inmates' Rights

NCJ Number
149361
Journal
Journal of Crime and Justice Volume: 17 Issue: 1 Dated: (1994) Pages: 103- 128
Author(s)
R Alexander Jr
Date Published
1994
Length
26 pages
Annotation
This article reviews the hands-off doctrine as it relates to inmate rights and the reasonableness test and concludes that a partial hands-off doctrine has unfolded since a 1987 U.S. Supreme Court decision restricting prisoner rights.
Abstract
The Supreme Court announced a reasonableness test in 1987 that connotes prudence and fairness but that is extremely deferential to State prison officials and provides a constitutional vehicle for regressing prisoner rights. In deferring to correctional officials, the Supreme Court's reasonableness test accepts the judgment of prison administrators that they need to restrict inmate rights because such rights may create an intolerable risk of disorder. Further, the test justifies the involuntary medication of inmates diagnosed with schizophrenia and borderline and antisocial personality disorders. In general, the partial hands-off doctrine resulting from the Supreme Court decision on the reasonableness test assures that courts defer to institutions when prisoner rights and institutional order conflict. A historical review of the hands-off doctrine is presented, and case examples involving the reasonableness test are cited. 47 references