Corrections Chapter 11 Notes The Legal World Prisoner s Rights 1 Hands off Doctrine a Historical policy of American courts not to intervene in prison management Courts tended to follow the doctrine until the late 1960s b Based on two rationales i Separation of powers Judges should leave correctional administration to correctional experts ii iii Holt v Sarver 1970 the entire Arkansas prison system was declared unconstitutional because it was cruel and unusual punishment It is the state that is infamous for getting the hands off doctrine outlawed c Prisoner s Rights i Inmates have guarantees of free speech religious practice due process and other private and personal rights as well as constitutional protections against cruel and unusual punishment ii The court permits some restrictions on the unconstitutional right of prisoners iii Five ways to challenge prison conditions 1 State if not successful then Federal habeas corpus action 2 State tort lawsuit 3 Federal civil rights lawsuit a Compensatory or punitive damages 4 Petition for injunctive relief 5 The criminal court system 2 Grievance Procedures a Grievance procedures are formal institutional processes for hearing inmate complaints b The U S Supreme Court made formal procedures mandatory in Jones v North Carolina Prisoners Labor Union 1977 c Only about 1 in 12 is successful d Staff member receives complaint and makes decision If dissatisfied it goes to warden and then the state 3 Balancing Test a Pell v Pecunier 1974 established a balancing test to weigh the rights claimed by inmates against the legitimate needs of prisons b Balancing Test weighing the rights claimed by inmates against the legitimate needs of prisons 4 Prisoners Rights a Freedom of Speech and expression i Cruz v Beto 1972 all visits can be banned if they threaten security prison visits are not an absolute right ii Procurnier v Martinez 1974 censoring inmate mail is acceptable only when necessary to protect legitimate government interests iii Peppering v Crist 1981 prison officials may not ban mailed nude pictures of inmates wives or girlfriends iv Turner v Safely 1987 upheld a Missouri ban on correspondence among inmates b Freedom of Religion i Cruz v Beto 1972 inmates have to be given a reasonable opportunity to pursue their religions 1 Accommodations place time except they don t have to move around their work schedule if they re scheduled to work then 2 Diet 3 Facial Hair 4 Clergy 5 Work Schedules Search and Seizure 4th Amendment issues c i United States v Hitchcock 1972 An inmate can have no reasonable expectation of privacy in his prison cell since official surveillance is necessary to meet legitimate security needs of the prison d Cruel and Unusual Punishment 8th Amendment issues i In the area of capital punishment cruel and unusual punishments are those involving torture a lingering death or unnecessary pain ii Medical Care medical care iii Prison Conditions 1 Estelle v Gamble Prison officials have a duty to provide inmates with 2 Deliberate Indifference Intentional and willful indifference 1 In Pugh v Locke 1976 and Battle v Anderson 1977 the U S Supreme Court held that a totality of conditions standard must be used in evaluating whether prison conditions are cruel and unusual e Fourteenth Amendment i Turner v Safeley 1987 prison walls do not form a barrier separating prison ii inmates from the protections of the Constitution Johnson v Avery 1968 inmates have a right to consult with jailhouse lawyers when trained legal advisors are not available iii Wolff v McDonnell 1974 imposed minimal due process requirements on prison disciplinary proceedings that could lead to solitary confinement or reduction of good time credits f Female Inmates and the Courts i Barefield v Leach 1974 demonstrated that the opportunities and programs for female inmates were clearly inferior to those for male inmates ii Equal Protection Clause has to provide mental health educational etc programs for women They continue to win court cases in terms of the conditions of their confinement Equal but not identical 5 Due Process 6 End of Hands off Era a By the late 1980s the prisoner rights era was drawing to a close b Frivolous lawsuits with no foundation in fact generally brought for publicity political or other reasons not related to law c Prison Litigation Reform Act 1995