1. Understanding the Criminal Justice System CJUS 101 Chapter 13: Inmate Rights

2. Rights 1. Prison conditions and inmate rights a. Civil death - considered “dead” civilly - considered “dead” civilly - if convicted of a felony - if convicted of a felony (1) Lost all civil rights (1) Lost all civil rights - recognized by courts until 1871 - Sec. 1983, Civil Rights Act of 1871 (2) Denied various rights (2) Denied various rights

3. Rights - right to vote - hold public office - enter into public contracts - possess a firearm (2) Changed over past 50 years - have most constitutional rights - except voting / firearms (3) Until early 1960s - courts would not hear lawsuits

4. Rights - no means of challenging conditions (a) Basic assumptions: - corrections not a judicial matter - convicted persons civilly dead (b) Prisoners relinquished constitutional right and privileges b. Prisoner rights movement - Civil Rights Act ended ‘hands-off’ doctrine

5. Rights (1) Inmates protected by Constitution - applied only to the federal system (2) States brought in at later time - no lawsuits until 1960s (3) Filing lawsuits by inmates - 5 ways to make legal challenge (a) State Habeas Corpus challenge - bring the body forward

6. Rights - judge will hold hearing - unfairly incarcerated - rights violated (b) Federal Habeas Corpus challenge - filed directly into federal court (c) State Tort Suit - civil case filed - against officers / institution - change practice / no money

7. Rights (d) Federal Civil Rights Suit - 1983 lawsuit - monetary award / attorney fees (e) Class Action Suit - brought by federal government - all inmates receive consideration (4) Led to thousands of lawsuits - would sue for any reason - abuse / food / cell size / speech / etc.

8. Rights (a) Officials required to bring lawsuit before court (b) Produced few changes - considered nuisance suits (c) Some dramatic effects - food / religion / overcrowding / punishment / dress (d) Suits flooded court system

9. Rights 2. Changes made a. Profile of ‘typical inmate’ (1) 95.6% male (1) 95.6% male (2) 49.7% Caucasian (2) 49.7% Caucasian (3) 72.4% under age 34 (3) 72.4% under age 34 (4) 53.7% single (4) 53.7% single

10. Rights (5) 61.6% less than 12 years education (6) 54.6% convicted of violent crimes b. Basic rights (1 st / 4 th / 5 th / 6 th / 8 th / 14 th ) (1) Freedom of speech - historically, denied use of mail/phone - incoming / outgoing mail censored - calls monitored - denied access to media

11. Rights (a) Supreme court struck down - posed a threat to security (b) Mail - personal / legal / religious - right to receive publications - can be limited (2) Freedom of religion -historically, a feature of prison life - inmates had to attend services

12. Rights (a) Restrictions - security / economic reasons / belief of the warden belief of the warden - aimed at religious rituals (b) Lawsuits by ACLU - Black Muslims - prohibited from banning - restrict those who abuse - no special diet - American Indian religion

13. Rights (c) Grooming / clothing - left up to states - haircuts / beards also (3) Right to privacy (4 th Amendment) - addresses people in a free society (a) No reasonable expectation (b) Provide custody / care / control - surveillance / inspection / search

14. Rights - even employees lose some expectation to privacy expectation to privacy (4) Due process (a) Court ruled on “good time” - advance notice - hold hearing - obtain assistance (no attorney) - call witnesses (b) No right in prisoner transfer

15. Rights (5) Cruel / unusual punishment - 8 th Amendment (a) Court ruled on: - prison brutality / medical service - overcrowding / exercise options - food / clothing / others (b) Allowed double bunking - not lead to filth / disease - does not have to be kept clean

16. Rights (c) No limit on participation in programs (d) Did restrict solitary confinement - requires outside lighting (e) Prohibited corporal punishment (6) Rehabilitation - no constitutional right - to treatment / rehabilitation - state courts can impose

17. Rights (7) Medical services - provide adequate services - not cure all ills (8) Labor unions - no right to form or to join 3. Correctional officer rights - right to safety and protection a. Situations requiring several staff members

18. Rights - provided safety equipment - vests / helmets / shields / baton (1) Steps to insure safety (2) Right to use force - reasonable / necessary (3) Right to work - both male / female officers - right to compete for positions

19. Rights (4) Right to negotiate - work agreements / contracts 4. Prisoners: A profile - inmate characteristics - selection: social / economical a. Economical - people at lower end of economic scale - people at lower end of economic scale - sent to prison more often - sent to prison more often - limited work opportunities / work skills - limited work opportunities / work skills

20. Rights - crime becomes legitimate endeavor b. Social - biased CJ system - discrimination found at all levels (1) Largest number of offenders - young / black (2) California: 847 Blacks per 100,000 - 297 Hispanic / 95 White

21. Rights 5. Recidivism and crime - most discouraging aspect a. Tendency - continue in life of crime - continue in life of crime - after arrest / conviction / sentencing for - after arrest / conviction / sentencing for earlier crimes b. Revolving door - each year: 260,000 felons to probation - each year: 260,000 felons to probation - do little or no time - do little or no time

22. Rights (1) 4 out of 5: have prior convictions - half have 3 prior convictions - 1/5 th have at least 6 prior convictions (2) Washington state - 75% recidivist rate - 60% second incarceration c. Death row inmates - over 3,000 on death row - 2/3s convicted of prior felony

23. Rights - 1 in 11 were repeat offenders - 1/3 rd on probation / parole at time 6. Reduction of crime - incapacitation a. Reduce crime by locking up - complete sentence reduces crime by 25% - complete sentence reduces crime by 25% b. Serve average of 35% maximum sentence - 15 years: 5 to 6 / 10 years: 3½ - 15 years: 5 to 6 / 10 years: 3½

24. Rights c. Median time served - murder:5 years / 10 months - rape:3 years / 11 months - robbery:2 years / 3 months - assault:1 year / 4 months 7. Prison violence - first American prison riot was 1774 a. Fear of recurring violence plagues country - represent worse form of violence - represent worse form of violence

25. Rights (1) Riots - prison violence - think of riots - relatively rare events (2) Most common prison violence? - day to day confrontations - among inmates - between inmate / correctional officer b. Historically

26. Rights - 300 riots since 1900 (1) Definition of riot - participation of 15 or more - resulting in property damage / injury (2) Majority - violence between / among inmates - fights / stabbings / beatings (3) Two types of violence

27. Rights (a) Instrumental - provides aggressor with power and status and status - improves self-image - sense of dominance over victim - most prevalent (b) Expressive - response to tension produced in prison environment in prison environment - riots are usually expressive