NCJ Number
5398
Journal
JOURNAL OF CRIMINAL LAW, CRIMINOLOGY AND POLICE SCIENCE Volume: 63 Issue: 2 Dated: (JUNE 1972) Pages: 162-184
Date Published
Unknown
Length
23 pages
Annotation
A DETAILED REVIEW OF RECENT COURT DECISIONS AFFECTING INMATES' FREEDOMS OF RELIGION, SPEECH, ASSEMBLY AND PETITION FOR REDRESS OF GRIEVANCES.
Abstract
PARTICULAR ATTENTION IS PAID TO CASES INVOLVING BLACK MUSLIMS' RELIGIOUS PRACTICES AND TO PRISONERS' RIGHTS TO SEND AND RECEIVE UNCENSORED MAIL. JUDICIAL REVIEW OF PRISONERS' COMPLAINTS HAS ESTABLISHED THE FOLLOWING STANDARD - A PRISONER RETAINS ALL THE RIGHTS OF AN ORDINARY CITIZEN EXCEPT THOSE EXPRESSLY, OR BY NECESSARY IMPLICATION, TAKEN FROM HIM BY LAW. THE BALANCING OF INTERESTS AND LEAST RESTRICTIVE MEANS TESTS PROVIDE THE PROPER STANDARDS FOR THE FUTURE EXPANSION OF INMATE FIRST AMENDMENT RIGHTS WITHIN THE CONTEXT OF ACTUAL INSTITUTIONAL SECURITY NEEDS. COURTS HAVE MOVED IN THE RIGHT DIRECTION IN GRANTING GREATER FIRST AMENDMENT RIGHTS TO DETAINEES - THESE GREATER CONSTITUTIONAL PROTECTIONS SHOULD BE EXTENDED TO SENTENCED INMATES AS WELL. COURTS HAVE GRANTED BOTH SENTENCED INMATES AND DETAINEES EXPANDED RIGHTS TO RELIGIOUS ASSEMBLY AND SPEECH - OTHER FIRST AMENDMENT RIGHTS DESERVE EQUAL PROTECTION. AT THE SAME TIME, COURTS MUST BEGIN TO MORE CAREFULLY SCRUTINIZE SECURITY CLAIMS OF PRISON OFFICIALS, AND, IN SO DOING, CONSIDER THE PEOPLE MAKING DAILY DECISIONS INVOLVING INMATE RIGHTS AND SET OUT PRINCIPLES WHICH ARE NOT EASILY SUBJECT TO ABUSE.