Inmates retain some constitutional rights during incarceration but lose others. The hands-off doctrine originally meant courts avoided scrutinizing prisons, but intervention increased in the 1960s. Now courts balance deference to prisons with protecting inmates from cruel treatment or discrimination based on race/religion. The Prison Litigation Reform Act of 1995 aimed to curb frivolous lawsuits by imposing filing fees and limits on complaining about confinement conditions.

1. Chapter 13

2. Inmate Rights
 Inmates filed more and more lawsuits
 Prisoner Litigation Reform Act: 1995
-limit recreational litigation

3. Inmate Rights
 Retained:
-full rights like citizen
 Lost:
-wholly w/o rights
-except those expressly outlined

4. Inmate Rights
 US Constitution: Bill of rights-rights protected
Writ of Habeas Corpus:
-judicial mandate
-inmate brought before court
-determine legality of confinement
Ex post facto laws: unconstitutional
-retroactively change laws

5. Inmate Rights
 8th Amendment:
-cruel and unusual punishment
-define?
-flexible
-broadens as society changes

6. Inmate Rights
 14th Amendment: individual rights (1868)
-theory of incorporation
-due process clause
-”no state shall deprive any person of life, liberty or property without
due process of law”
-”equal protection under the law”

7. Inmate Rights
 Wolff v. McDonnell: 1974
-discipline
-24 hour notice of hearings
-written notice of evidence/facts
-call witnesses/documentary evidence in defense
-impartial/fair hearing
*-no right to cross examine/have counsel

8. Inmate Rights
 Equal Protection Clause:
-used by inmates
-government not required to treat everyone alike
-forbids unjustified/malicious discrimination/classification
-gender/race based decisions
-religion freedom

9. Inmate Rights
 Civil Rights Act of 1871:
-personal/natural rights
-protect vs
-arbitrary/discriminatory treatment
-some not mentioned in Constitution recognized by Supreme Court

10. Inmate Rights
 Hands off Doctrine: 1960’s
-rights-policy/statute
-no outside scrutiny
-1871 Virginia law-inmates “slaves of the state”
-leave to experts
-separation of powers
-society apathetic

11. Inmate Rights
 Intervention Doctrine: Mid 1960’s
-Federal Courts looking at claims
-rights-religion/privacy/communication/safety/due process
-Cooper v. Pate (1964)
Muslim inmate
Denied access to Qur’an/readings
Prison officials has to explain actions
Christian inmates allowed access to bible
Court: half for inmates/prison
End of hands off doctrine!!

12. Inmate Rights
 Nominal Doctrine:
-middle ground between hands off and full intervention of 1980’s
-Bell v. Wolfish
-Rehnquist: refers to “time not so long ago…hands off approach”
-limit to:
Violation of US Constitution or statute

13. Inmate Rights
 Access to courts: basic right
5. how approach
7. Knowledge to make access effective

14. Inmate Rights
 Prison Litigation Reform Act:
->40,000 per year/taxpayer expense
4. Limit ability to complain-conditions of confinement
5. Give states more authority to run prisons
Provisions:
8. Frequent flyer-Inmates pay full $150 fee
9. 3 strikes-frivolous 3 times
10.Exhausted remedies-exhaust all administrative remedies

15. Inmate Rights
 Legal assistance:
-law libraries
-jailhouse lawyers
-train inmates as writ writers/under lawyer supervision
-computer programs

16. Inmate Rights
 Religion: Fundamental right of Constitution:
-”respecting establishment of religion”
-”prohibiting the free exercise thereof”
Federal Courts:
-facilities/allow clergy
-does state supply clergy? Violates establishment clause
Reluctant to restrict religious freedom:
-security of prison
-prison authority/discretion
-economic reasons