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NCJRS Abstract

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NCJ Number: 89801 Find in a Library
Title: Legal Issues of Visitation Restrictions on Pretrial Detainees
Journal: New England Journal on Criminal and Civil Confinement  Volume:9  Issue:1  Dated:(Winter 1983)  Pages:203-247
Author(s): J L Rogal
Date Published: 1983
Page Count: 45
Format: Article
Language: English
Country: United States of America
Annotation: As a result of Bell v. Wolfish, detainees suffer virtually the same deprivation of constitutional rights as do convicted prisoners. The courts should employ an intermediate level of scrutiny to visitation restrictions that will protect the fundamental values nurtured by families' and friends' visits.
Abstract: Since detainees have not been tried and convicted, society's most important justification for detention should be ensuring the individual's appearance at trial. The Supreme Court in Wolfish, however, ignored the realities of the pretrial system and fashioned a standard of review too deferential toward prison officials. Lower courts have generally applied the rational basis standard developed in Wolfish to visiting restrictions, which allows prison officials to treat detainees the same as they do convicts in seeming disregard of the fundamental rights of detainees and their visitors. As a result, the lower courts have upheld restrictions on contact and conjugal visitation. A total of 392 footnotes are included. (Author summary modified)
Index Term(s): Detention; Inmate visits; Prisoner's rights; US Supreme Court decisions
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