NCJ Number
195490
Journal
Journal of Criminal Law & Criminology Volume: 92 Issue: 1 Dated: Fall 2001/Winter 2002 Pages: 187-209
Date Published
2001
Length
23 pages
Annotation
This article examines the 1996 Prison Litigation Reform Act as it pertains to prisoner rights and judicial discretion.
Abstract
The author explains that the Prison Litigation Reform Act (PLRA) seriously limits the power of inmates to bring suit. It stipulates that prisoners must first exhaust administrative remedies before filing suit. Further, it directs that prisoners must pay their own filing fees and forgo claims of emotional distress absent an actual physical injury. According to the author, Congress enacted the PLRA to limit judicial intervention into the correctional system. The author asserts that the PLRA was enacted as an act of majoritarian supremacy over judicial decision-making. Further, the author contends that those who support the PLRA question whether the courts have the legitimate authority to intervene in these cases at all. The article is divided into three sections. The first presents the dichotomy between two models of understanding: one that supports prison reform efforts and the other that questions the authority of the courts to intervene in correctional matters. The second section examines whether inmates’ rights are reasonably protected in the presence of the PLRA while the third section argues that there is a “justice gap” between constitutional norms and current case law.