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Prisoner rights in the United States

From Wikipedia, the free encyclopedia

Rights of prisoners in the U.S.A.

Further information:Prisoners' rights

All prisoners have the basicrights needed to survive and sustain a reasonable way of life. Most rights are taken away ostensibly so the prison system can maintain order, discipline, and security.[citation needed] Any of the following rights, given to prisoners, can be taken away for that purpose:

Prisoner may refer to one of the following:

The right to:[1]

  • not be punished cruelly or unusually
  • due processes
  • administrative appeals
  • access theparole process (denied to those incarcerated in the Federal System)
  • practice religion freely
  • equal protection (Fourteenth Amendment)
  • be notified of all charges against them
  • receive a written statement explainingevidence used in reaching adisposition
  • file acivil suit against another person
  • medical treatment (both long and short term)
  • treatment that is both adequate and appropriate
  • a hearing upon being relocated to themental health facility.
  • personal property such as: cigarettes, stationery, a watch, glasses, cosmetics, and snack-food
  • visitation
  • privacy
  • food that would sustain an average person adequately.
  • bathe (for sanitation and health reasons).

Many rights are taken away from prisoners often temporarily.[citation needed] For example, prison personnel are required to read and inspect all in-going or out-going mail, in order to prevent prisoners from obtainingcontraband. The only time a prisoner has a fullright to privacy is in conversations with theirattorney.

Prison Litigation Reform Act

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Main article:Prison Litigation Reform Act

In theUnited States, the Prison Litigation Reform Act, or PLRA, is a federal statute enacted in 1996 with the intent of limiting "frivolous lawsuits" by prisoners. Among its provisions, the PLRA requires prisoners to exhaust all possibly executive means of reform before filing for litigation, restricts the normal procedure of having the losing defendant pay legal fees (thus making fewer lawyers willing to represent a prisoner), allows for the courts to dismiss cases as "frivolous" or "malicious", and requires prisoners to pay their court fees up front if they have three previous instances of a case having been dismissed as "frivolous."[2]

See also

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References

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This article includes alist of references,related reading, orexternal links,but its sources remain unclear because it lacksinline citations. Please helpimprove this article byintroducing more precise citations.(January 2017) (Learn how and when to remove this message)
  1. ^Staff, L. I. I. (July 15, 2008)."Prisoners' rights".LII / Legal Information Institute. RetrievedMay 11, 2019.
  2. ^Meeropol, R. & Head, I. (2010). Brief summary of the prison litigation reform act (PLRA).The Jailhouse Lawyer's Handbook. Retrieved fromhttp://jailhouselaw.org/brief-summary-prison-litigation-reform-act/Archived October 10, 2020, at theWayback Machine

External links

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