Understanding the
Criminal Justice System
CJUS 101
Chapter 13: Inmate Rights
Rights
1.
Prison conditions and inmate rights
a. Civil death
- considered “dead” civilly
- if convicted of a felony
(1) Lost all civil rights
- recognized by courts until 1871
- Sec. 1983, Civil Rights Act of 1871
(2) Denied various rights
Rights
-
right to vote
hold public office
enter into public contracts
possess a firearm
(2) Changed over past 50 years
- have most constitutional rights
- except voting / firearms
(3) Until early 1960s
- courts would not hear lawsuits
Rights
- no means of challenging conditions
(a) Basic assumptions:
- corrections not a judicial matter
- convicted persons civilly dead
(b) Prisoners relinquished constitutional
right and privileges
b. Prisoner rights movement
- Civil Rights Act ended ‘hands-off’ doctrine
Rights
(1) Inmates protected by Constitution
- applied only to the federal system
(2) States brought in at later time
- no lawsuits until 1960s
(3) Filing lawsuits by inmates
- 5 ways to make legal challenge
(a) State Habeas Corpus challenge
- bring the body forward
Rights
- judge will hold hearing
- unfairly incarcerated
- rights violated
(b) Federal Habeas Corpus challenge
- filed directly into federal court
(c) State Tort Suit
- civil case filed
- against officers / institution
- change practice / no money
Rights
(d) Federal Civil Rights Suit
- 1983 lawsuit
- monetary award / attorney fees
(e) Class Action Suit
- brought by federal government
- all inmates receive consideration
(4) Led to thousands of lawsuits
- would sue for any reason
- abuse / food / cell size / speech / etc.
Rights
(a) Officials required to bring lawsuit
before court
(b) Produced few changes
- considered nuisance suits
(c) Some dramatic effects
- food / religion / overcrowding /
punishment / dress
(d) Suits flooded court system
Rights
2.
Changes made
a. Profile of ‘typical inmate’
(1) 95.6% male
(2) 49.7% Caucasian
(3) 72.4% under age 34
(4) 53.7% single
Rights
(5) 61.6% less than 12 years education
(6) 54.6% convicted of violent crimes
b. Basic rights (1st / 4th / 5th / 6th / 8th / 14th)
(1) Freedom of speech
- historically, denied use of mail/phone
- incoming / outgoing mail censored
- calls monitored
- denied access to media
Rights
(a) Supreme court struck down
- posed a threat to security
(b) Mail
- personal / legal / religious
- right to receive publications
- can be limited
(2) Freedom of religion
-historically, a feature of prison life
- inmates had to attend services
Rights
(a) Restrictions
- security / economic reasons /
belief of the warden
- aimed at religious rituals
(b) Lawsuits by ACLU
- Black Muslims
- prohibited from banning
- restrict those who abuse
- no special diet
- American Indian religion
Rights
(c) Grooming / clothing
- left up to states
- haircuts / beards also
(3) Right to privacy (4th Amendment)
- addresses people in a free society
(a) No reasonable expectation
(b) Provide custody / care / control
- surveillance / inspection / search
Rights
- even employees lose some
expectation to privacy
(4) Due process
(a) Court ruled on “good time”
- advance notice
- hold hearing
- obtain assistance (no attorney)
- call witnesses
(b) No right in prisoner transfer
Rights
(5) Cruel / unusual punishment
- 8th Amendment
(a) Court ruled on:
- prison brutality / medical service
- overcrowding / exercise options
- food / clothing / others
(b) Allowed double bunking
- not lead to filth / disease
- does not have to be kept clean
Rights
(c) No limit on participation in programs
(d) Did restrict solitary confinement
- requires outside lighting
(e) Prohibited corporal punishment
(6) Rehabilitation
- no constitutional right
- to treatment / rehabilitation
- state courts can impose
Rights
(7) Medical services
- provide adequate services
- not cure all ills
(8) Labor unions
- no right to form or to join
3.
Correctional officer rights
- right to safety and protection
a. Situations requiring several staff members
Rights
- provided safety equipment
- vests / helmets / shields / baton
(1) Steps to insure safety
(2) Right to use force
- reasonable / necessary
(3) Right to work
- both male / female officers
- right to compete for positions
Rights
(4) Right to negotiate
- work agreements / contracts
4.
Prisoners: A profile
- inmate characteristics
- selection: social / economical
a. Economical
- people at lower end of economic scale
- sent to prison more often
- limited work opportunities / work skills
Rights
- crime becomes legitimate endeavor
b. Social
- biased CJ system
- discrimination found at all levels
(1) Largest number of offenders
- young / black
(2) California: 847 Blacks per 100,000
- 297 Hispanic / 95 White
Rights
5.
Recidivism and crime
- most discouraging aspect
a. Tendency
- continue in life of crime
- after arrest / conviction / sentencing for
earlier crimes
b. Revolving door
- each year: 260,000 felons to probation
- do little or no time
Rights
(1) 4 out of 5: have prior convictions
- half have 3 prior convictions
- 1/5th have at least 6 prior convictions
(2) Washington state
- 75% recidivist rate
- 60% second incarceration
c. Death row inmates
- over 3,000 on death row
- 2/3s convicted of prior felony
Rights
- 1 in 11 were repeat offenders
- 1/3rd on probation / parole at time
6.
Reduction of crime
- incapacitation
a. Reduce crime by locking up
- complete sentence reduces crime by 25%
b. Serve average of 35% maximum sentence
- 15 years: 5 to 6 / 10 years: 3½
Rights
c. Median time served
- murder:
5 years / 10 months
- rape:
3 years / 11 months
- robbery:
2 years / 3 months
- assault:
1 year / 4 months
7.
Prison violence
- first American prison riot was 1774
a. Fear of recurring violence plagues country
- represent worse form of violence
Rights
(1) Riots
- prison violence
- think of riots
- relatively rare events
(2) Most common prison violence?
- day to day confrontations
- among inmates
- between inmate / correctional officer
b. Historically
Rights
- 300 riots since 1900
(1) Definition of riot
- participation of 15 or more
- resulting in property damage / injury
(2) Majority
- violence between / among inmates
- fights / stabbings / beatings
(3) Two types of violence
Rights
(a) Instrumental
- provides aggressor with power
and status
- improves self-image
- sense of dominance over victim
- most prevalent
(b) Expressive
- response to tension produced
in prison environment
- riots are usually expressive