|
 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.
to top of page
|
|
Next page |
|
