Essay about The Rights of a Prisoner

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Rights of Prisoners

While lawful incarceration deprives prisoners of most of Americas Constitutional rights, they do maintain a few constitutional rights. Federal courts, while hesitant to impede with the internal administration of prisons, will interfere to rectify violations of the constitutional rights that prisoners are still entitled to. A prison guideline that oversteps on a prisoner’s constitutional rights is lawful only if it is reasonably related to the safety of the inmates or the rehabilitation of that prisoner. The Supreme Court has acknowledged four significant factors in determining the rationality of a prison guideline. Courts should contemplate whether there is a lawful, sensible association between the guideline and
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However, prison officials are not required to provide both, as long as access is meaningful. In order to successfully allege a constitutional deprivation, most courts require prisoners to demonstrate some actual injury resulting from a denial of access. Courts will allow some restrictions on a prisoner’s access to legal resources in order to accommodate legitimate administrative concerns, such as maintaining security and internal order, preventing the introduction of contraband, preventing the domination of the library by regular users, and observing budgetary constraints. In the absence of a legitimate administrative concern, however, prisoners may not be hindered from gaining access to the judicial process. Inmates who have been denied access to legal materials have not necessarily suffered a constitutional deprivation when they are confined for only a short period of time. References
Stojkovic, S., & Lovell, R. (2013). Corrections: An introduction. San Diego, CA: Bridgepoint Education, Inc.
Bounds v. Smith, 430 US 817 - Supreme Court 1977, retrieved from, http://scholar.google.com/scholar_case?case=13244530668768670135&q=Bounds+v.+S mith&hl=en&as_sdt=6,39&as_vis=1
McClain, P. J. A., Sheehan, B. F., & Butler, L. L. (1998). Substantive rights retained by prisoners. Georgetown Law Journal, 86(5), 1953-1988. Retrieved from

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