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Identify and discuss the four legal foundations of prisoners’ rights. When specifically discussing the United States Constitution, what Amendments support these rights? Is pretrial detention considered a violation of these rights? Why or why not? Additionally, if an offender believes their rights have been violated, what actions might they take? When discussing these actions, please be sure to include the possible outcomes that may be a result.
The legal landscape of the American correctional system underwent a dramatic transformation in the 1960s. Prior to this, courts followed a "hands-off" doctrine, believing they lacked the expertise to interfere with prison administration. Today, prisoners’ rights are grounded in four distinct legal foundations.
The United States Constitution: The supreme law of the land provides the baseline for all civil liberties. While prisoners lose the right to liberty, they do not forfeit their "retained rights"—those constitutional protections that are not inconsistent with their status as prisoners or with the legitimate penological objectives of the corrections system.
Federal Statutes: Laws passed by Congress, such as the Civil Rights Act of 1871 (42 U.S.C. § 1983), allow prisoners to sue state officials for civil rights violations. More recently, the Religious Land Use and Institutionalized Persons Act (RLUIPA) was passed to protect the religious exercise of inmates.
State Constitutions: Often mirroring the federal version, state constitutions can sometimes provide more protection than the U.S. Constitution, though they can never provide less.