Prisoners’ Rights

Prisoners’ Rights – What Are They?

Are you or your loved one facing serious charges that may lead to serving time? Do you know your prisoners’ rights? Well, the Bill of Rights guarantees civil rights and liberties to every American. They include freedom of religion, press, and speech. You risk losing some of these rights when you go behind bars. So, what rights do prisoners serving their sentences on American soil have? Check out the quick summary below:

Summary of the Bill of Rights

Here is a summary of our individual rights and liberties as per the first 10 Amendments to the U.S. Constitution and their application to prisoners: –

Freedom of speech, assembly, press, petition, and religion
No right to bear arms
No quartering of soldiers
No unreasonable search or arrest
No double jeopardy or no witness against yourself
Rights to fair trial
Trial by jury
No excessive bail, fines, or cruel and unusual punishment.

Inmate Rights in County Jail or Prison

Once you become an inmate serving in the US prison system, you seize to enjoy your full constitutional rights as listed above. These inmate rights in county jail or prison vary depending on the offender’s current stage in the criminal process, and where they are to serve their time. That is, when awaiting trial, the offender has a right to adequate housing facilities. Plus, since they are innocent until proven guilty, they are shielded from any corrective measures until after sentencing.

1. Protection from Cruel and Unusual Punishments

The Eighth Amendment to the United States Constitution protects criminal defendants from any harsh penalties that the federal government may impose as punishment for their conviction. Now, the constitution is not clear about what “cruel and unusual” punishment entails. But, the Supreme Court classifies any violation of an inmate’s dignity or their inhumane treatment while in custody as cruel and unusual. They include executing insane inmates, the beheading of prisoners, and drawing and quartering.

Further, denying inmates their necessities to life or using excessive force out of malice is qualifies as cruel and unusual punishment. Still, for better interpretation, the Supreme Court directs the lower courts to review each treatment on a case-by-case basis.

2. Safeguard against Sexual Victimization of Inmates

All inmates have the right to serve their sentences free from any sexual harassment or sex crimes. Such sexual offenses include prison rape and sexual assault of an inmate: –

Forcibly or against their will
Not forcibly or against the will of inmates incapable of consenting due to their underage or temporary or permanent mental and physical incapacity
Out of fear or threat of violence or body harm to the inmate

Unfortunately, there are instances where the perpetrators of the sexual offenses against inmates are correctional officers, wardens, or fellow inmates. The perpetrators may harm the inmates directly or allow these sexual crimes or harassments to take place under their watch. Also, the prison administration is forbidden from undertaking systemic programs that promote sex crimes and harassment against inmates.

3. Right to Humane Incarceration Conditions

Prisoners must be housed in detention centers where their human dignity is upheld, regardless of their current stage in the criminal process. Such detention conditions include: –

Free access to adequate medical and mental healthcare, accommodation, exercise, light, food, and water
Access to necessary sanitary conditions that prevent transmission of any communicable diseases
Residing in prison cells that observe the maximum occupancy rate (no overcrowding)

Any inmate held in poor conditions has the right to complain to the prison administration and courts. Further, it is illegal to place an inmate in solitary confinement or punish them otherwise for complaining about the living conditions in the prison.

4. Right to Adequate Legal Representation

Every inmate has a right to access attorney assistance to facilitate a fair trial. Here, the inmates should have access to courts, law libraries, and assistance from a qualified attorney.

5. Rights of Particular Groups of Inmates

Women, children, and disabled prisoners ought to enjoy their human rights as stipulated in the Constitution without any discrimination based on their gender, age, or disability. Further, they ought to participate and benefit from the current rehabilitative programs without getting discriminated against. Still, these groups have unique needs, hence additional rights as follows: –

Disabled prisoners have the right to reasonable accommodation, and protection from injury or risk of injury while using the prison’s facilities.
Women inmates have the right to access adequate medical care for their pregnancy, prenatal care, gynecological care, and adequate sanitation services to facilitate their menstrual hygiene.
Juveniles and babies and small children residing with their parents in prison have a right to protection from danger. Hence, the juvenile or imprisoned parents are to serve at special alternative institutions that have the best interest of the child.

Then, What Rights Do Prisoners Lose?

Here is a list:

Limited freedom of speech, assembly, press, petition, and religion

Prisoners enjoy a limited scope of the above freedoms to safeguard the internal security or prisoner rehabilitation measures in the prison system. For example, any incoming communication to inmates is heavily monitored. And, all the prisoners have a right to be present when their incoming correspondence is being opened.

No right to bear arms

We all have the right to preserve our lives. In turn, we may possess personal-level weaponry to uphold our natural right to life. However, this right is never absolute, especially when it relates to inmates. Here, prisoners are denied the right to bear arms or exercise privacy that promotes the hiding of weaponry in the detention facilities.

The right to privacy while in prison

Inmates are subject to impromptu searches, open use of the restrooms, and taking meals at designated times and areas. Further, they forfeit the right to choose who to live with or where they can reside while in custody.

Exception from employment laws while serving on a work-release program

The Bottom Line

The Bill of Rights guarantees various human rights to all citizens. Yet, when detained, a prisoner forfeits their right to liberty and can only enjoy limited rights and privileges. These include the right to humane treatment and incarceration conditions, healthcare, and legal representation. Hence, the onus is on the state to exercise the duty of care and guarantee the inmates’ right to humane treatment. A prisoner deprived of their rights should seek all the administrative remedies available before filing a lawsuit.