The Current Book in Context

• Jurisdiction: United States

The Current Book in Context

Prisons, in one form or another, have been in existence throughout the centuries. After the American Revolutionary War, the United States adopted not only Britain's common law legal system but also its correctional practices. While American prisons have changed and evolved over the years in terms of objectives, methods, and philosophical foundations, prisons, by and large, have been used to punish and incapacitate offenders.

Once in prison, inmates become members of a self-contained society where their lives are controlled by the state or federal government, as provided by the 13th Amendment to the U.S. Constitution. Prison administrators, as agents of the government, not only deprive the inmates of liberty but also dictate the details of daily life, including the administering of discipline for those inmates who violate prison rules. The fact that prison personnel control virtually every aspect of an inmate's life raises a number of questions and concerns. Should prison administrators have unfettered control and freedom to act as they deem fit, or do prisoners have rights that must be respected? If prisoners have rights, what is the justification for such rights? Where do these rights come from? Who is responsible for deciding the rights to which a prisoner is entitled? How will such rights be enforced? Whose responsibility is it to protect those sentenced from arbitrary and capricious conducted? Who is to decide when a punishment is cruel and unusual and why?

If you ask the average American citizen, you will likely find that most are not overly concerned with these questions and with issues concerning prisoners' rights. In fact, many would probably indicate that a prisoner should have no rights at all, as this is the price that one must pay for violating the law and harming society. The Supreme Court, however, has held that prisoners do in fact have certain constitutionally protected rights, even if not as broad as those rights belonging to free citizens. Prisoners are considered to be a minority group, and an unpopular minority group at that; the exact type of minority group that needs protecting.

Federal courts and state courts did not always see themselves as the proper guardians of prisoner rights. Prior to the 1960s, for a variety of reasons (federalism, separation of powers, work load concerns, etc.), courts were reluctant to hear prisoner complaints of inhumane conditions or treatment. This is known as the "hands off"...