Black Catholic Lifestyle Article ~ { Print Version }
The National Black Catholic Congress
www.nbccongress.org

Rights Of Prisoners
By Vincent Wilkins, Jr.

Justice Thurgood Marshall wrote in one of his opinions to the effect that an inmate does not shed his constitutional rights upon entering the prison gates. "Life is the great primary and most precious and comprehensive of all human rights… Whether it be coupled with virtue, honor, and happiness or with sin, disgrace and misery, the continued possession of it is rightfully not a matter of volition ". Those powerful words were spoken by Frederick Douglass. And Dr. Martin Luther King, Jr. said, "Justice denied anywhere diminishes justice everywhere".

Until quite recently the opposite was the prevailing view where Prisoners were concerned. It was readily accepted that a prisoner, because he had committed a crime had forfeited not only his liberty, but all his personal rights, except those few the law accorded him. For the time of his sentence he was the slave of the state. In 1948 the Court held that lawful incarceration brought about the limitation or withdrawal of many privileges and rights. The operative word being many, meaning not all rights were forfeited.

In 2006, the last year for which the United States Department of Justice statistics are available, over 7.2 million people were on probation, in jail, or on parole at year end. That is 3.2% of all US adult residents or 1 in 31 adults. State and Federal prison authorities had jurisdiction over 1,570,861 inmates at year end 2006. 1,377, 815 in state and 193, 046 in federal. Local jails held 766, 010 persons awaiting trial, or serving sentences at year end 2006. An additional 60, 222 persons under jail supervision were serving sentences in the community. In 1987 the Court announced a general standard for measuring prisoners' claims for deprivation of constitutional rights that is the accepted standard today.

The courts must contend with daily filings from inmates claiming their rights have been violated by prison authorities in areas ranging from Freedom of Religion to Pregnancy and other Health Care issues.

Courts have often disagreed on what qualifies as religion or a religious belief. However, they are guided by the Free Exercise Clause of the First Amendment to the United States Constitution. The three widely recognized religions, Christianity, Islam and Judaism are understood as such. Part of the problem here is that the United Supreme Court has never defined the term "religion". A prisoner's right to exercise his or her religion is balanced against the government's interests. The government may not impose a substantial burden on the religious exercise of prisoners unless that burden (l) is in the furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that interest.

Courts have agreed that inmates have a right to avoid eating foods that are forbidden by their religious beliefs. Examples would be Muslims not having to eat pork products or other foods that may contain pork products, or Catholics not having to eat meat or meat products on Good Friday, a Church holy day requiring fasting and abstinence from eating meat. The Courts have also protected prisoners from regulations that interfere with their ability to attend religious services or engage in prayer according to their religious beliefs. The First Amendment to the United States Constitution prohibits restrictions that require prisoners to violate the Sabbath or other religious duties. Security is the paramount issue for prisons; therefore, the Courts have permitted Prison Officials to ban religious objects if they can prove that the objects pose a threat to the security of the facility. The First Amendment prohibits restriction of an inmate's right to religious literature.

A female prisoner who either enters a jail or prison pregnant or becomes pregnant while in jail or prison maintains the right to decide whether she continues her pregnancy or have an abortion. She does not have to have an abortion she does not want. These choices are solely the inmate's. She is not required to get a court order to get an abortion if she desires one. The cost of prenatal care or an abortion is the responsibility of the government regardless of the inmate's financial status. The government is also responsible for transportation cost to the inmate to a clinic or hospital for prenatal care or to have an abortion.

Mail and visitations are sacred issues for inmates. The First Amendment of the United States Constitution entitles inmates to receive and send mail. This right is subject only to the institution's right to censor letters or withhold delivery if necessary to protect institutional security. Inmate mail is classified as either non-privileged or privileged. Non-privileged mail includes commercial mail, letter from family, friends and businesses. The Constitution allows prison officials to open this mail outside the presence of the inmate. Prison officials can also read non-privileged mail for security or other correctional purposes without a warrant. Privileged mail includes attorney-client communications. This mail cannot be opened or read outside the inmate's presence. Privileged mail from the inmate may generally be sent unopened.

Visits like mail are the inmate's only contact with the outside world. The Court has allowed visitors to be severely restricted. Visits by children, ex-inmates, and known drug offenders can and are often denied. Time, place, and manner of visits are also allowed to be restricted. The Sixth Amendment to the Constitution provides the inmate with the right to meet or visit with his or her attorney. These visits are commonly known as legal visits. While the Sixth Amendment does not require full and unfettered contact between an inmate and his or her attorney in all circumstances, the government is required to provide a rationale if a legal visit is denied.

The Eight Amendment to the Constitution require prison officials to provide prisoners with adequate medical care. This also includes dental and mental health care. Adequate care in the prison context means the same quality and standard of care that the inmate would be entitled to if he or she were in the community and able to chose and access a health care provider independently.

Disabled prisoners are protected by the Rehabilitation Act of 1973, 29 U.S.C. Section 794(a), and by Title II of the Americans with Disabilities Act, 42 U.S.C. Section 12131, et seq. The Rehabilitation Act was created to apply to Federal Executive Agencies, including the Bureau of Prisons, and any program that receives federal funding. The ADA was created to regulate state and local government t programs, even those that do not receive federal funding.

The old bread and water diet that we have seen in movies are now prohibited. Prison officials must provide inmates with at least three nutritionally balanced meals per day. Those inmates needing special diets for religious or health purposes must also be accommodated.

Brutality and unjust or restrictive confinement outside the general prison population is also restricted and in some instances prohibited. A prison guard cannot use unnecessary force to subdue a non-cooperative inmate. Nor can the prison officials lock an inmate away in a dark, damp hole. Both state and federal prisons have rules that regulate discipline and disciplinary actions. Before an inmate is removed from the general prison population, and placed in restrictive housing he must be given notice of the action, is entitled to a hearing on the action and in most cases can have counsel or other representation; and has the right to appeal any adverse action taken against him or her to the prison Administrator and or the Courts.

Finally, exposing prisoners to dangerous conditions or toxic substances may violate the Eight Amendment of the Constitution, which prohibits cruel and unusual punishment. Prison authorities violate the Eight Amendment if, with deliberate indifference, they expose a prisoner to a condition that posses an unreasonable risk of serious damage to that prisoner's future health. Some examples of violations are, inadequate ventilation, excessive heat, excessive cold, lack of drinkable water, lack of fire safety, excessive noise, exposure to second-hand tobacco smoke, sleep deprivation, inadequate food, exposure to insects, rodents, and other vermin, deprivation of basic sanitation, defective plumbing, denial of adequate toilet facilities, and miscellaneous unhealthy or dangerous conditions.

The body of law now known as Prisoners" Rights is continually evolving.