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PRISONERS' RIGHTS TO UNRESTRICTED USE OF THE MAILS

NCJ Number
14412
Journal
New England Journal on Prison Law Volume: 1 Issue: 1 Dated: (SPRING 1974) Pages: 80-102
Author(s)
R M BULLARD
Date Published
1974
Length
23 pages
Annotation
TRENDS IN THE DENIAL OF PRISONERS' CIVIL AND CONSTITUTIONAL RIGHTS AND THE REASONS BEHIND THEM, ALONG WITH SUGGESTED CONSTITUTIONAL AND STATUTORY BASES FOR SECURING UNCENSORED AND UNRESTRICTED ACCESS TO THE MAILS.
Abstract
PRISON OFFICIALS COMPLAIN THAT THEY MUST BE ABLE TO OPEN, READ AND CENSOR PRISONER MAIL FOR A VARIETY OF REASONS. HOWEVER, COURTS WHICH HAVE PASSED ON THE QUESTION OF REAL DANGERS TO THE PRISONS INCIDENT TO UNRESTRICTED PRISONER MAIL HAVE AGREED THAT THE EXPRESSED FEARS ARE EITHER IMAGINARY OR THE RESULT OF SUSPICIOUS PRACTICES ON THE PART OF PRISON OFFICIALS. THE PUNITIVE CONCEPT OF CIVIL DEATH HAS BEEN USED TO VALIDATE THE RELUCTANCE ON THE PART OF PRISON OFFICIALS AND THE JUDICIARY TO EXTEND THE RIGHTS OF PRISONERS, ALTHOUGH THE COURTS ARE BEGINNING TO REVERSE THIS TREND. THE CONSTITUTIONAL ARGUMENTS IN SUPPORT OF THE PRISONER'S RIGHT TO UNRESTRICTED USE OF THE MAILS ARE FOUND IN THE FIRST, FOURTH AND SIXTH AMENDMENTS. THE FIRST AMENDMENT'S FREE SPEECH CLAUSE ENCOMPASSES THE RIGHT TO CORRESPOND WITH OTHERS WITHOUT CENSORING. ALTHOUGH THE COURTS HAVE HELD THIS TO BE TRUE REGARDING CORRESPONDENCE WITH ATTORNEYS AND GOVERNMENTAL OFFICIALS, NO SOUND JUSTIFICATION CAN BE FOUND FOR NOT EXTENDING THIS FREEDOM. THE FOURTH AMENDMENT ASSURES THE PROTECTION FROM WARRANTLESS SEARCH AND SEIZURE UNLESS SPECIFIC EXIGENT CIRCUMSTANCES EXIST. WHETHER OR NOT A WARRANT IS USED TO SEIZE EVIDENCE, PROBABLE CAUSE FOR THE SEARCH MUST BE SHOWN. STRINGENT GUIDELINES HAVE BEEN SUGGESTED AND, WITHIN THE CONTEXT OF PRISON MAIL USE, NONE OF THE AMENDMENT'S REQUISITES CAN VALIDLY BE SUSPENDED. THE RIGHT TO COUNSEL AND THE CONFIDENTIALITY OF THE ATTORNEYCLIENT RELATIONSHIP PRECLUDES ANY INTERFERENCE BY THIRD PARTIES. NO COMPELLING STATE NEED CAN JUSTIFY OFFICIAL INCURSION ON THIS RELATIONSHIP. FEDERAL STATUTES PROVIDE SPECIFIC CRIMINAL PENALTIES TO THOSE WHO OBSTRUCT, DESTROY, DELAY OR OPEN ANOTHER'S MAIL. THE EXTENSION OF THESE STATUTES TO THE PRISON CONTEXT WOULD LESSEN THE PRESENT TENDENCY OF PRISON OFFICIALS TO VIOLATE PRISONER MAIL. ALTHOUGH INMATES ARE REQUIRED TO VOLUNTARILY CONSENT BY WAIVER TO PERMIT PRISON OFFICIALS TO OPEN AND EXAMINE HIS MAIL, HIS CUSTODY OPERATES AGAINST A FINDING OF VOLUNTARINESS. (AUTHOR ABSTRACT)