NCJ Number
58331
Date Published
1978
Length
18 pages
Annotation
THIS OVERVIEW OF PRISONERS' RIGHTS IN ENGLAND EXAMINES REASONS FOR RECOGNIZING PRISONERS' RIGHTS, SUGGEST A FORM FOR SUCH RECOGNITION, CONSIDERS OBJECTIONS TO RECOGNITION, AND SPECULATES ON FUTURE DEVELOPMENTS.
Abstract
A PENAL POLICY BASED ON PRISONERS' RIGHTS IS ONE THAT RESPECTS PRISONERS' HUMAN DIGNITY, RECOGNIZES THAT PRISONERS DO NOT SURRENDER THE LAW'S PROTECTION UPON IMPRISONMENT, AND PROVIDES FOR PROCEDURES AND FACILITIES TO ENSURE JUST AND HUMANE TREATMENT. THERE ARE FOUR REASONS FOR RECOGNIZING PRISONERS' RIGHTS: (1) THERE IS A LEVEL BELOW WHICH SOCIETY CANNOT GO IN THE TREATMENT OF PRISONERS OR OF ANYONE ELSE, (2) PRISON ADMINISTRATORS SHOULD BE EQUIPPED WITH PROCEDURES THAT WILL HELP THEM REACH THE BEST POSSIBLE DECISIONS REGARDING INMATES, (3) PRISONERS WHO ARE TREATED FAIRLY AND HUMANELY ARE MORE LIKELY TO GAIN A RESPECT FOR SOCIETY AND ITS LAWS; AND (4) WHEN PRISONERS' RIGHTS ARE RESPECTED, THE PRISON ATMOSPHERE WILL BECOME LESS VOLATILE. ANY EFFORT TO RECOGNIZE PRISONERS' RIGHTS MUST BE ACCOMPANIED BY AN EQUAL EFFORT TO RECRUIT AND TRAIN A HIGH-QUALITY, SYMPATHETIC PRISON STAFF. THE CENTRAL AREAS OF PRISONERS' RIGHTS ARE ACCESS TO THE LAW, DISCIPLINARY PROCEDURES, AND GRIEVANCE MECHANISMS. IN EACH OF THESE AREAS, ENGLISH PRISONS ARE NOT WITHOUT PROGRESS. BUT THE PROGRESS HAS NOT EMANATED FROM ANY COHERENT CONCEPTION OF IMPRISONMENT, LET ALONE OF PRISONERS' RIGHTS. FACTORS IN THE RELUCTANCE OF THE BRITISH HOME OFFICE TO DEVOTE ADEQUATE ATTENTION TO PRISONERS' RIGHTS INCLUDE PUBLIC OPINION, THE HOSTILITY OF PRISON OFFICERS, AND PRISON ADMINISTRATORS' FEARS THAT RECOGNITION OF PRISONERS' RIGHTS WILL BRING ADMINISTRATIVE PROBLEMS, HIGHER COSTS, AND A LOSS OF CONTROL. AGITATION FOR PRISONERS' RIGHTS IN ENGLAND IS CERTAIN TO CONTINUE, BUT ANYTHING MORE THAN AN AD HOC RESPONSE FROM THE HOME OFFICE IS UNLIKELY IN THE NEAR FUTURE. THE ROLE THE BRITISH COURTS WILL PLAY IN PRISONERS' RIGHTS REMAINS TO BE SEEN. (LKM)