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NCJ Number: 50234 Find in a Library
Title: TAKING THE RULE OF LAW TO PRISONS
Journal: AMERICAN BAR ASSOCIATION JOURNAL  Volume:64  Dated:(JULY 1978)  Pages:990-992
Author(s): H S MILLER
Corporate Author: American Bar Association
United States of America
Date Published: 1978
Page Count: 3
Sponsoring Agency: American Bar Association
Format: Article
Language: English
Country: United States of America
Annotation: STANDARDS SUBMITTED TO THE AMERICAN BAR ASSOCIATION REGARDING THE LEGAL STATUS OF PRISONERS ARE DISCUSSED.
Abstract: FIRST ISSUED IN A TENTATIVE DRAFT IN APRIL 1977, THE STANDARDS HAVE BEEN UNDER DEVELOPMENT FOR NEARLY 7 YEARS. THEY WERE PREPARED BY A JOINT COMMITTEE REPRESENTING VARIOUS AMERICAN BAR ASSOCIATION CONSTITUENT GROUPS AND ORGANIZATIONS. THE STANDARDS REPRESENT AN ATTEMPT TO APPLY THE RULE OF LAW TO PRISONS AND ARE A COMPREHENSIVE EFFORT TO BRING TOGETHER A BODY OF LAW AND THOUGHT SO AS TO TREAT THE LEGAL STATUS OF PRISONERS IN AN INTEGRATED WAY. THE STANDARDS LARGELY FOLLOW THOSE PROMULGATED BY THE AMERICAN CORRECTIONAL ASSOCIATION, DIFFERING MAINLY IN INSTANCES INVOLVING FIRST AMENDMENT OR DUE PROCESS ISSUES. ONE CRITICISM OF THE STANDARDS IS THAT THEY WILL REQUIRE LARGE-SCALE EXPENDITURES. ON THE OTHER HAND, THE ARGUMENT IS THAT THE STANDARDS WILL RESULT IN A FAIR AND HUMANE PRISON SYSTEM AND RELATED SOCIETAL BENEFITS TO OFFSET ECONOMIC COSTS. BASIC TO THE STANDARDS IS THE PREMISE THAT PRISONERS RETAIN ALL RIGHTS OF FREE CITIZENS EXCEPT FOR THOSE ON WHICH RESTRICTION IS NECESSARY TO ASSURE ORDERLY CONFINEMENT OR TO PROVIDE REASONABLE PROTECTION FOR THE RIGHTS AND PHYSICAL SAFETY OF PRISON INMATES AND THE GENERAL PUBLIC. THE STANDARDS REQUIRE THAT ADEQUATE MEDICAL FACILITIES AND SERVICES BE PROVIDED TO PRISONERS. VARIOUS TOPICS ADDRESSED BY THE STANDARDS ARE THE RIGHT TO PRIVACY, UNREASONABLE SEARCHES AND SEIZURES, THE RIGHT TO RECEIVE MAIL, THE CONDUCT OF INSTITUTIONAL PROCEEDINGS IN PRISONS, THE AVAILABILITY OF LEGAL ASSISTANCE, WAGES FOR PRISONER EMPLOYMENT, RELIGIOUS FREEDOM, THE ESTABLISHMENT OF PRISONER UNIONS, COMPENSATION FOR INJURY OR DEATH, THE LIABILITY OF CORRECTIONAL OFFICIALS, INDIVIDUALS HELD IN PRETRIAL DETENTION PENDING TRIAL, PAROLE AND SENTENCING PROCEDURES, AND COMPLAINT AND GRIEVANCE PROCEDURES. SOME CORRECTIONAL OFFICIALS HAVE RAISED THE POSSIBILITY THAT IT WILL BE IMPOSSIBLE TO MAINTAIN ORDER UNDER THE PROPOSED STANDARDS. HOWEVER, IT IS FELT THAT THIS PROBLEM IS DEALT WITH ADEQUATELY BY A SERIES OF PROVISIONS FOR SEPARATING A PRISONER FROM THE GENERAL PRISON POPULATION AND FOR TAKING EMERGENCY MEASURES INCLUDING KEEPING PRISONERS IN THEIR CELLS. (DEP)
Index Term(s): American Bar Association (ABA); Inmates; Prisoner's rights; Standards
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=50234

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