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NCJRS Abstract

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NCJ Number: 75037 Find in a Library
Title: Prisoners' Rights - A History (From Legal Rights of Prisoners, P 19-45, 1980, Geoffrey P Alpert, ed. - See NCJ-75036)
Author(s): A J Bronstein
Date Published: 1980
Page Count: 27
Sponsoring Agency: Sage Publications, Inc
Thousand Oaks, CA 91320
Sale Source: Sage Publications, Inc
2455 Teller Road
Thousand Oaks, CA 91320
United States of America
Type: Historical Overview
Language: English
Country: United States of America
Annotation: Recent court cases concerned with the legal rights of prisoners are reviewed; the cases involve due process, punishment, jail conditions, communications discrimination, political activities, privacy, appearance, treatment, and probation.
Abstract: Traditionally, American courts have avoided involvement in the operation of prison systems. Prisons and prisoners have been viewed as removed from society, bereft of their rights, and an extension of the minority discrimination experience of American society. In recent years, however, a number of court decisions have brought the courts into the area of prisoners' rights. The courts have ruled that prisoners are entitled to at least minimum due process protection, that substandard conditions can be considered cruel and unusual punishment, and that incarcerated persons have the right to practice religions as they see fit and to be detained in integrated facilities. The courts have, however, limited prisoner due process rights, freedom from censorship, and access to the courts and media. Some changes have been made in restrictions on prisoner privacy and personal appearance; however, these changes have been small. Recent decisions have also increased the scope of rights to medical and rehabilitative treatment. Rights regarding probation and parole hearings have also been liberalized. Notes, 9 references, and 77 citations are included.
Index Term(s): Cruel and unusual punishment; Judicial decisions; Prisoner's rights; Right of privacy; Right to Due Process; Right to treatment; United States of America
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