NCJ Number
79185
Journal
Journal of Prison Health Volume: 1 Issue: 1 Dated: (Spring/Summer 1981) Pages: 44-55
Date Published
1981
Length
12 pages
Annotation
A problem case in prison health is presented with commentaries emphasizing the ethical ramifications of various solutions.
Abstract
Questions are considered which revolve around resolution of conflicts of interest, allocation of scarce correctional resources, the rights to be accorded inmates, and the responsibilities of the correctional system toward prisoners and vice versa. The case involved a male prisoner in a State penitentiary who has glaucoma. The necessary examinations to ascertain the progress of treatment could only be obtained outside the facility. The correctional facility required that all inmates leaving the institution and returning be strip searched. However, the inmate refused to be strip searched on religious grounds. The first commentary on this case argues that limits on liberty always require justification. These justifications are then delineated. Other factors considered are the reasonableness of the institution's requirement and the necessity of the restraint. The commentary concludes that the interests in apparent conflict between the inmate and the correctional system can all be adequately met by keeping him under constant surveillance while he is outside of the institution. The second commentary notes that the problem posed by this case is how to resolve a conflict involving issues of health, religion, and security. This commentary addresses the established rights and duties of the various parties involved and delineates the different assumptions that inform these rights and duties. It concludes that the inmate should receive the medical attention he needs. If the inmate posed a threat to security, however, a strip search could be performed without contravening the inmate's religious beliefs. No references are cited.