Jails - Legal Rights Of Jail Inmates
Until the late 1960s, state and federal courts refused litigation by jail and prison inmates against their keepers, preferring a "hands off " doctrine grounded in the constitutional separation of powers between the judicial and executive branches of government. This situation changed during the early 1970s owing to the expansion of defendants' pretrial rights and of judicial review of administrative agency activities. Federal writs of habeas corpus, litigation under the Civil Rights Act of April 20, 1871, 42 U.S.C. section 1983 (1976 & Supp. III 1979), and class action suits have brought relief in the form of release, injunctions, damages, and declaratory judgments for violations of inmates' constitutional rights.
Pretrial detainees are entitled to the presumption of innocence; hence, any imposition of punishment on them constitutes a denial of due process. In Brenneman v. Madigan, 343 F. Supp. 128 (N.D. Cal. 1972), the court stated that convicted offenders are denied their liberty in the interest of satisfying such objectives of the criminal law as punishment, restraint, or rehabilitation. Consequently, they have fewer rights than detainees and can be subjected to a range of restrictions and correctional programs. By contrast, pretrial detainees have not been convicted of any crime and therefore should not be treated in the same manner. Since Brenneman, a number of courts of appeals adopted the "least restrictive alternative test" for detention, holding that jailers must use the least restrictive means when depriving detainees of their liberty pending trial ( Jonesv. Wittenberg, 323 F. Supp. 93 (N.D. Ohio 1971); Moore v. Janing, No. C-72-0-223 (D. Neb. 1976)).
In 1979, the U.S. Supreme Court overruled this test in Bell v. Wolfish, 441 U.S. 520 (1979), holding that restrictions on pretrial detainees violate the Constitution only if they affect an independent constitutional right or if they amount to the imposition of punishment. Although confirming that the due process clause prohibits officials from punishing persons awaiting trial, the Court noted that not every condition of confinement amounts to punishment. Thus, it upheld as reasonably related to the effective management of a detention facility such practices as housing two persons in cells designed for one. The Court also held that neither blanket prohibitions on contact visits for pretrial detainees, nor routine body cavity searches of inmates after contact visits, nor random "shakedown" searches violated the constitutional right to due process. However, since most correctional standards recommend single-cell occupancy (with the exception of housing for work release or similar minimum-security programs), contact visits (when appropriate), and protections against unreasonable searches, the Bell decision is clearly a backward step for corrections.
Since Bell, the determination of whether a particular restriction imposed on pretrial detainees violates due process requires courts to decide whether that restriction is for the purpose of punishment or whether it is reasonably related to a legitimate and nonpunitive governmental purpose (Robbins, 2000). In spite of this legal setback, Bell does not affect the rights of convicted prisoners, nor does it affect cases in which any or all aspects of incarceration are challenged in particular facilities. In general, Eighth Amendment prohibitions continue to set a minimum below which jail conditions may not fall. Recent data on jail litigation provide strong evidence of continuing court involvement with jail conditions. Of 112 reporting jail systems, sixteen percent indicated that one or more of jail facilities they were operating were under a court order in 1998. An additional 20 percent noted they were under court-mandated population caps, and 6 percent had facilities under the supervision of a court monitor or master (Criminal Justice Institute, 1998). Finally, definitions of what is considered cruel and unusual punishment will continue to change because of what a previous Supreme Court has called "the evolving standards of decency that mark the progress of a maturing society" (Trop v. Dulles, 356 U.S. 86 (1958)).
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20 days ago
Dionne Russell » tehya501 ((at)) yahoo dot com
My husband Carlton Russell Is being held in White County Detention Center. There is alot to my story, so Ill try to make it as brief as possible. He was detained and put on a parole hold by his parole officer becuase of a change of residence and not notifying his parole officer of change of residence. The only thing is he never moved anywhere and his P.O knew that. Anyway since he has been incarcerated he has been mistreated. He has had his life threatened by deputys. He has been jumped on by deputys. He has went to the ER becuase of dehydration. I have been callin up there to let them know about these things and nothing has been done about it. It only seems to make things worse for him when I try to help. Deputys have tried to beat him up ,break his fingers and hands he has found glass in his food. Ive tried to send him a 1983 form but they did not give it to him and ever since i have sent that form he hasnt recieved any of the letters i have written him. As i said before there is alot to this story. I cant tell it all,but if there is anyone out there that reads this and can help, please contact me by email tehya501@yahoo.com. I need help and we need a lawyer but cant afford one.I miss my husband and our kids need their father home. I have wriiten everything down that has hapeened with dates He has witnesses in the jail and camera footage. I need help quickly before they try to get rid of the evidence. The police have already said "they can do what they want and they dont care who he tells." They put a rape charge on him a month in a half after he had already been locked up. He made some wrong choices and slept with this white woman and now she is saying he raped her. I know that is not true she was calling my husband and telling him about her and her boyfriends problems before all this happened. She gotmad at him and now is saying he raped her.The detectives told me that her story didnt line up and they came and searched our house and I wasnt even there noone was. They told me they didnt find what they were looking for. They charged him with it anyway.
7 months ago
Amber
zanmarie fludd,
I would need to know a little more to be able to help you with information in trying to free your son. From what you have described I have a few items that might help (contact legal aid in your area on these issues)
1. Did the officers chase the other person when he drove off in the car, leaving your son behind? If so what did they say were the grounds for them coming back to arrest him?
2. When searched and it was found he had no weapon or stolen merchandise, what reason did they give for his arrest.
3. Most Important - were his Miranda Rights properly read to him, and did he understand them?
4. An appeal could be made on the grounds of not being provided proper legal counsel for his trial, if it is true he was given a real estate lawyer instead of a criminal lawyer. (Can the real estate lawyer also practice criminal law, but just prefers real estate?)
Hope these things help. There are plenty of websites out there to help you with legal questions and procedures.
10 months ago
zanmarie fludd
My son is now 21 years old and he was arrested on March 15, 2008 and in still in jail as of April 10, 2009. He was arrested for two counts off arm robbery with a weapon and have a total of 5 charging because they say that he had a gun. When all this support to have happen back when he was 20 yrs. old. Now my understanding off all this is that the witness did not described him at the scene, the police did not find anything on him nor him at the scene. The evening of the 15th when the robbery support to have happen, my son was at the gas station on hwy 17 and main road coming out of the gas station headed to the gas pump were his friend call Ballin was pumping gas. Several police officers with the blue lights on pulled up to the pumps and Ballin jumped in the car leaving my son standing there. Now my son who is a Emotional Handicap (EH) student with a lot of issues tried to get in the back door of the car which was locked. Mr. Ballin led the police on a high speed chase and catch him some where on Brownswood Road on John's Isl. While my son was in jail, the Dorchester County jail said that they wanted him as well for the same type of robbery. There camera have as i was told two black male with black hookie on with a bandaner covering they faces tall around the ages of 18 and 20 years old any. Now how many black males that you know off fits this description because by that description i am still seeing my son on the street which i know he in jail. He was recently offered a 10 - 20 years sentence. Please tell me if this was your son what would you do when you don't have the money to fight the system. This is not fair and i thought that we all were innocent until proven guity in a court of law. It's seem like the state have already found my son guilty without given him a trial. One last question, why would the court appoint a real estate attorney to represent my son on his crimmal charges? My sons name is Ernest Jerome Fludd 1088557 in Leeds Ave Detention Center. He have spent the last year and one months in jail now. Someone please help me to help my son because they is something really wrong with our system when we are holding young boys who may or maynot have made a mistake and who are our future generation in jail just making them very bitter about life. This all started a year and one month ago
10 months ago
Mariana Velarde » marianavel1 ((at)) aol dot com
My brother is in jail as a sex offender, he got taught up with the wrong women and was wrongful accused and convicted, now he is being label in jail and someone attempted to murder him. I need some answer as to why the label them and how can i protect him.Please can someone give me answer before it's to late
10 months ago
Mariana Velarde » marianavel1 ((at)) aol dot com
My brother is in jail with a sex offense charge against him,he is innocent but they labeled him in prison with a bracelet that identifies him as a sex offender, the day they put that bracelet on him they tried to murder him! i want to know why they do this,prisoners make mistake but labeling then is just a death sentence. what can be done? hopefully someone is listening and can help me change this labeling process
11 months ago
Joann » glendapence458 ((at)) gmail dot com
My friend's son is in jail and he has diabetes. He has an insulin pump to control his diabetes; but they won't let him have it in prison and he is getting worse, health-wise, because of it.
11 months ago
Beth » beth_tweety_22 ((at)) yahoo dot com
My husband is in jail for something he didn't do, and jumping bail when he was not notified of a court date. He was not read his rights when arrested and is being given only milk to drink when he is allergic to dairy products. He is being denied access to the law library and access to info regarding his case. I need help!!!
about 1 year ago
Melissa Mollett » zachlettsbabygurl ((at)) yahoo dot com
My 18 year old brother is mentally challenged and is in jail for something he didn't do and they wont listen to us... his name is Jashua Mollett, his bond is right now 50,000 dollars!
A black male- around 50 yrs old talked my brother into walking in woods gas station with him, and my brother didn't know what he was gunna do or didn't know any better- then the man robbed woods- but before that he used my sisters boyfriends phone to call a cab- why wouldnt they take finger prints to find this man... Why is it all on my brother- he had a pole threw his head when he was in foster care because they werent watching him on a trampoline- almost died- he will now have the IQ of a 10 year old for almost everything he does for the rest of his life:( I miss my brother and he is innocent and didn't have no part of that incident- and didn't know that he would get into this much trouble or he would of said no...
about 1 year ago
Monica Keegan » monicabutterfly1 ((at)) hotmail dot com
I need help for my 20 yr old son who now has 30 stitches in his face from being assulted at a suffolk county jail