constitutional law of corrections brief overview of prisoner's rights
TRANSCRIPT
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Dr. Alissa R. AckermanUniversity of
Washington, Tacoma
A GENERAL VIEW OF PRISONERS’ RIGHTS
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“As a consequence of his crime [he] not only forfeited his liberty, but all his personal rights except those which the law in its humanity accords him. He is for the time being the slave of the State”
Ruffin v. Commonwealth of Virginia (1871)
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“A variety of rights and privileges are lost upon conviction of a crime…virtually all of an offenders’ activities may be subject to regulation by correctional officials, particularly in institutions. He has no absolute right to see friends or relatives or to do any of a multitude of things that the rest of society takes for granted. Yet it is inconsistent with our whole system of government to grant such uncontrolled power to any officials, particularly over the lives of persons. The fact that a person has been convicted of a crime should not mean that he has forfeited all rights to demand that he be fairly treated by officials.”
The Presidents Commission on Law Enforcent Administration of Justice (1967)
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No Longer “Hands-off”
Monroe v. Pape (1961) – SC “ by passing CRA of 1871, Congress intended to provide remedy to parties deprived of constitutional rights, privileges, and immunities by an official’s abuse of his position.”
Wolff v. McDonnell (1974) – SC “…A prisoner is not wholly stripped of constitutional protections when he is imprisoned for a crime. There is no iron curtain drawn between the Constitution and the prisoners of this country.”
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The Purpose of Prisons: Protecting the publicProviding a safe and humane environmentProviding inmates with opportunities for
self-improvement
THE NATURE OF PRISONS
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SupermaxMaximum SecurityMedium SecurityMinimum SecurityDetention Facilities
TYPES OF PRISONS
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PAINS OF IMPRISONMENT ~ GRESHAM SYKES
Deprivation of LibertyDeprivation of goods and servicesDeprivation of heterosexual relationshipsDeprivation of autonomyDeprivation of security
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Inmate self-concept
Coping mechanisms – keeping one’s mind active Litigation
Fact – a real reasonFrustration – feels there is no other optionFancy – litigation might be “fun”Fiction – it’s not true!
DEPRIVATIONS AFFECT LITIGATION
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• Response to inmate• Sense of recognition• Reduce frustration
Informal means of handling problem• Less violence• No direct confrontation• No court
INMATE GRIEVANCES
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Adopted almost universally throughout the U.S.Published rules for the written grievance system.
1.Opportunity for ANY inmate to file a written grievance2.Time limit for filing the grievance and responding to it3.Description of actions that can be the subject of a
grievance4. Emergency handling of certain complaints (medical or
personal injury)5. Safeguards against reprisals taken against inmates
who use the grievance system6. At least one level of appeal from initial disposition of
the complaint
WRITTEN GRIEVANCE SYSTEM
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The Goods
Gives agency chance to address issue with management and operation internally
Alerts staff to problems in the institutionSpotlights matters of greatest inmate concernMay point out an individual officer or isolated activity
Diffuse resentment and hostility
If a lawsuit occurs – provides a record for the attorney and the court Provides a statistical basis to assess programs, policies, or activities
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The Not-So-Goods
Success depends on the intent of the staff who deal with the grievance system
The only relief is a “corrective action”No monetary awardsDoesn’t cover the greatest inmate complaintsInmates try to undermine system
Time limits to reply drag on Inmates may feel that corrective relief is never given
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THE PRISON LITIGATION REFORM ACT - - REVERSING
THE LIBERAL TREND
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Several changes to prisoner litigation in federal court No actions shall be brought… until such administrative
remedies as are available are exhausted Frivolous suits could be dismissed without requiring exhaustion of
other remedies No civil action can be filed by an inmate for mental or emotional
injury while in custody – unless a prior showing of physical injury In forma pauperis (without funds) must submit records showing
lack of funds to avoid having to pay filing fees Orders for relief from prison conditions strictly limited to correct
the violation of rights shown by the particular individual
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Did PLRA do what it intended to do? What was the “prisoners’ rights era?” What is a “right?” What is a privilege?
Safety? Medical Care? Food? Access to court? Law library? Shelter? Religion? Recreation? Visits? Conjugal visits? Phone Calls? Packages?
Minimum standards? Personal hygiene Overcrowding