Laws & Prisons

Tiasia Daniels

Prisons

Federal and state laws govern the establishment and administration of prisons as well as the rights of the inmates. Although prisoners do not have full Constitutional rights, they are protected by the Constitution's prohibition of cruel and unusual punishment (see Amendment VIII). This protection requires that prisoners be afforded a minimum standard of living. Prisoners retain some other Constitutional rights, including due process in their right to administrative appeal and a right of access to the parole process.The Equal Protection Clause of the 14th Amendment has been held to apply to prison inmates. Prisoners are therefore protected against unequal treatment on the basis of race, sex, and creed. Additionally, the Model Sentencing and Corrections Act provides that a confined person has a protected interest in freedom from discrimination on the basis of race, religion, national origin, or sex. Prisoners also have limited rights to speech and religion.

Laws

The Eighth Amendment to the United States Constitution protects citizens against cruel and unusual punishments. In terms of prisoners' rights, this protection requires that prison officials afford inmates certain minimum standard of living. Additionally, prisoners retain some other Constitutional rights, including due process in their right to administrative appeals, freedom of religion, equal protection under the law (at least, as compared to other inmates), and a right of access to the parole process. Courts have held that the Equal Protection Clause of the 14th Amendment has been held to apply to prison inmates so prisoners are protected against discrimination or unequal treatment based on race, sex, religion, age, national origin, and creed.Other courts have held that certain “penumbral” rights, or rights that are not explicitly granted by the constitution, also apply to prisoners. This includes the right to reproduce, right to medical attention, and others.

Biblography

  • Website Title: EasyBib
  • Article Title: EasyBib: The Free Automatic Bibliography Composer
  • Date Accessed: March 17, 2015



  • Website Title: - HG.org
  • Article Title: Prison Law
  • Date Accessed: March 17, 2015




  • Website Title: Prisoners' rights
  • Article Title: Prisoners' rights
  • Date Accessed: March 16, 2015
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