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CONSTITUTIONAL DILEMMA FOR THE JAILS

NCJ Number
64960
Author(s)
K FULLER
Date Published
1974
Length
42 pages
Annotation
JUDICIAL DECISIONS AFFECTING THE RIGHTS OF PRETRIAL DETAINEES ARE EXAMINED, IN VIEW OF THEIR IMPACT ON THE JAIL SYSTEM.
Abstract
PRETRIAL DETAINEES HAVE BEEN GRANTED FAR LESS PROTECTION OF THEIR RIGHTS THAN OTHER PARTICIPANTS IN THE CRIMINAL JUSTICE SYSTEM. HELD PRIMARILY BECAUSE OF AN INABILITY TO PURCHASE FREEDOM WITH BAIL, THEY HAVE FACED CONDITIONS OF INCARCERATION INFERIOR TO THOSE CONDITIONS FACING THE CONVICTED FELON. HOWEVER, THE 'HANDS-OFF' POLICY OF THE COURTS REGARDING CORRECTIONAL CONDITIONS UNDER THE JURISDICTION OF STATE DEPARTMENTS OF CORRECTIONS HAS GRADUALLY ERODED AS FEDERAL COURTS HAVE VIEWED INMATE CONDITIONS UNDER THE CONSTITUTIONAL RIGHT OF FREEDOM FROM CRUEL AND UNUSUAL PUNISHMENT. THE WILLINGNESS OF THE COURTS TO CONSIDER CASES BEARING UPON INMATES' RIGHTS HAS ALSO EXTENDED TO PRETRIAL DETAINEES. THE PRETRIAL DETAINEE PRESENTS CONSTITUTIONAL CHALLENGES BASED ALSO UPON DUE PROCESS (SINCE THE PRETRIAL DETAINEE IS PUNISHED WITHOUT BENEFIT OF TRIAL) AND THE CONSTITUTIONAL RIGHT OF EQUAL PROTECTION UNDER THE LAW (SINCE THE PRETRIAL DETAINEE IS TREATED DIFFERENTLY FROM THOSE UNDER BAIL AND THOSE SENTENCED UNDER A CONVICTION). SWEEPING CHANGES HAVE BEEN ORDERED IN THE CASES REACHING THE COURTS, AND THE COURTS HAVE THREATENED TO RELEASE PRETRIAL DETAINEES UNLESS THE DEPRIVATIONS ARE CORRECTED. NEVERTHELESS, ALL INDICATIONS ARE THAT THESE JUDICIAL WARNINGS ARE NOT HEEDED IN MOST JAIL SYSTEMS. FOOTNOTES ARE PROVIDED. (RCB)