Prisons & Prisoners’ Rights

The prisons depicted on television and in the movies are sometimes like the ones you would find in real life, but not always. In fact, there is a great diversity among prisons across the United States. Some are considered “bare bones” prisons and have little in the way of amenities, while others could be mistaken for a hotel room.

When a prisoner is placed behind bars, he retains many of the rights afforded to U.S. citizens. For example, prisoners still have the right to free speech, equal protection of the law, and basic living standards. However, certain rights must be limited for the safety and protection of the prisoners and also because prison is punishment as well as rehabilitation.

Under the protection of the 8th amendment, prisoners have a right to “the minimal civilized measure of life’s necessities”, which is subjective in many ways. One person’s idea of minimal civilized necessities might differ greatly from another, which means that conditions in the prison system can be quite low before they become openly unconstitutional.

A prison that encompasses inadequate prison conditions can be contested by an attorney and brought before a judge. A few examples of prison conditions that might be considered inadequate include:

– excessive overcrowding
– lack of hygienic supplies
– unsanitary food preparation
– nutritionally inadequate food
– inadequate medical care and treatment
– inability to protect prisoners’ safety
– inadequate or unsafe shelter
– inadequate opportunities for exercise
– little or no access to legal assistance

Prisoners’ rights can be violated even if the conditions in the prison affect a small minority of the total prison population. For example, if a Muslim prisoner is denied the right to pray facing Mecca at appropriate times of day, he or she could inform an attorney and have the practice questioned by a judge.

Prisoners also have the right to adequate and speedy medical treatment, both for long-term illnesses and for temporary illnesses or injuries. For example, a diabetic prisoner has the right to receive dialysis in prison as often as or she requires it.

Prison officials cannot withhold food or water from prisoners as a form of punishment, and they cannot use excessive, sadistic or malicious force for the purpose of causing harm to the prisoner. Prison officials can use necessary force when it comes to maintaining order within the prison, however, and this can be a fine line and difficult to prove by the prisoner.

One basic American right that is taken away from prisoners is the expectation of privacy. Prisoners and their cells can be searched at any time, without prior warning, and with no probable cause. Prisoners also forfeit the “seizure” part of searches and seizures, as prison officials can take away personal property as long as there is a justifiable reason. Prisoners do not have a right to privacy during prison visits, except in the case of visits from attorneys, for which they must be afforded reasonable privacy for confidential communication.