skip navigation


Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.


NCJ Number: 127290 Find in a Library
Title: Smoking in Detention/Corrections Facilities: Differing Views From the Courts (Part 2 of 2)
Journal: Detention Reporter  Dated:(November 1990)  Pages:3-10
Editor(s): R Miller
Date Published: 1990
Page Count: 8
Type: Survey
Format: Article
Language: English
Country: United States of America
Annotation: Detailed excerpts from recent court cases provide correctional facility managers with the emerging legal doctrines and reasoning behind decisions regarding the constitutional rights of inmates with regard to smoking.
Abstract: In two court cases, inmates have been told that they do not have a right to smoke in certain situations within the prison system; although non-smoking inmates have not won explicit rulings that they have a right to avoid the smoke of other inmates, the case law acknowledges that this is an emerging issue. Two cases do suggest that inmates have the right to be free from "environmental tobacco smoke." Several other cases appear to forewarn of future decisions that may demand more rigorous protection of inmates from secondhand smoke as the "evolving standards of decency that mark the progress of society" require provision of a smoke-free environment within the prison setting.
Main Term(s): Prison smoking policies; Prisoner's rights
Index Term(s): Inmate health; Legal doctrines
Note: See NCJ-126846 for Part 1
To cite this abstract, use the following link:

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.