skip navigation

PUBLICATIONS

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: 220718 Find in a Library
Title: Prisoners' Rights and the Rehnquist Court Era
Journal: The Prison Journal  Volume:87  Issue:4  Dated:December 2007  Pages:457-476
Author(s): Christopher E. Smith
Date Published: December 2007
Page Count: 20
Publisher: http://www.sagepub.com/ 
Type: Issue Overview
Format: Article
Language: English
Country: United States of America
Annotation: This article addresses the issues of prisoners’ rights by defining and analyzing important themes and developments in the Rehnquist Court’s treatment of prisoners’ rights cases.
Abstract: The Supreme Court’s decisions during the Rehnquist Court era had a significant impact on prisoners’ rights, primarily changing key tests for rights violations in ways that either blocked further expansion of rights or resulted in a reduction of existing rights. Of particular importance in this regard were the Supreme Court’s decisions in Wilson v. Seiter (1991; deliberate indifference test for the eighth amendment conditions of confinement), Turner v. Safley (1987; deferential rational basis test for a variety of rights), and Lewis v. Casey (1996; strict standing requirements and barriers to judicially ordered remedies for access-to-the-courts claims). This trend occurred as prison populations rose and hundreds of thousands of additional offenders were affected by conditions of confinement and other rights-related aspects of corrections. Congress complemented and enhanced the Rehnquist Court’s judicial reduction of legal protections for convicted offenders by imposing additional barriers to prisoners’ petitions and limiting judges’ authority to order remedies for certain rights violations. In the broad history of corrections law, the Rehnquist Court era will be noted as a period in which the Supreme Court firmly halted the expansion of constitutional rights for offenders. Substantive legal analysis reveals that the Rehnquist Court produced important decisions establishing new analytical tests that helped to guide lower court decisions and counteracted previous expansions of prisoners’ rights. References
Main Term(s): Prisoner's rights
Index Term(s): Access to legal information; Constitutional Rights/Civil Liberties; Inmate grievances; Inmate lawsuits; Judicial decisions; Prison conditions; Prison overcrowding; US Supreme Court decisions
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=242545

*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.