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SOME THOUGHTS ON THE CONSTITUTIONAL ASPECTS OF CRIMINAL JUSTICE (FROM INSTITUTE OF CONTEMPORARY CORRECTIONS AND THE BEHAVIORAL SCIENCES, 12TH ANNUAL INTERAGENCY WORKSHOP - PROCEEDINGS, 1977 - SEE NCJ-50660)

NCJ Number
50664
Author(s)
M R NACHMAN
Date Published
1977
Length
5 pages
Annotation
PRISON CONDITIONS AND THE CONSTITUTIONAL RATIONALE UNDERLYING THE 1976 JUDICIAL RULING REQUIRING THE REFORM OF ALABAMA PRISON CONDITIONS ARE DESCRIBED, AND THE IMPLEMENTATION IS DISCUSSED.
Abstract
THE SUMMARY DESCRIPTION OF ALABAMA PRISONS AS OF JANUARY 1976 IS, 'FILTHY WAREHOUSES FOR BODIES.' THE IMPETUS FOR CHANGE CAME THROUGH A CLASS ACTION SUIT BY PRISONERS CHARGING THAT THEIR CONSTITUTIONAL RIGHTS HAD BEEN VIOLATED, AND ON THE BASIS OF THE EVIDENCE PRESENTED, THE JUDGE RULED THAT ALABAMA PRISON CONDITIONS DID IN FACT CONSTITUTE CRUEL AND UNUSUAL PUNISHMENT--A VIOLATION OF THE U.S. CONSTITUTION. THE JUDGE'S ORDER WAS DIRECTED TO THE FOLLOWING ACTIVITIES AND CONDITIONS: OVERCROWDING; SEGREGATION AND ISOLATION; CLASSIFICATION; MENTAL HEALTH CARE; PROTECTION FROM VIOLENCE; INMATE LIVING CONDITIONS; FOOD SERVICE; CORRESPONDENCE; VISITATION; EDUCATION, VOCATIONAL, WORK, AND RECREATIONAL OPPORTUNITIES; PHYSICAL FACILITIES; AND STAFF. THE ESTABLISHMENT OF A MEANINGFUL WORK PROGRAM, PROTECTION OF THE INMATES FROM PHYSICAL AND SEXUAL ASSAULT, AND THE ESTABLISHMENT OF A BASIC EDUCATION PROGRAM CONSTITUTED THE THREEFOLD THRUST OF THE COURT ORDER. ALSO UNDER THE ORDER, A HUMAN RIGHTS COMMITTEE WAS ESTABLISHED TO IMPLEMENT AND MONITOR THE ORDER. THE ALABAMA LEGISLATURE HAS SINCE PASSED LEGISLATION DESIGNED TO IMPLEMENT WORK PROGRAMS, INMATE PROTECTION, AND INMATE EDUCATION PROGRAMS. IT IS BELIEVED THIS ALABAMA PRISON CASE MAY WELL BECOME A LANDMARK EXAMPLE OF A NECESSARY USE OF THE TRADITIONAL EQUITY POWER OF COURTS TO ASSURE PROTECTION OF CONSTITUTIONAL RIGHTS. (RCB)