NCJ Number
130003
Journal
Criminal Justice Policy Review Volume: 3 Issue: 3 Dated: (1989) Pages: 279-298
Date Published
1989
Length
20 pages
Annotation
Prison litigation is examined in terms of the legal and social issues raised, the consequences of litigation, and its future.
Abstract
Prison litigation has been a critical issue for scholars and correctional practitioners for 3 decades, resulting in Federal court orders affecting more than 30 states. In addition, lawsuits filed by prison inmates and the attention given these lawsuits by the Federal courts have served to heighten the debate over the role of prisons in our society. Furthermore, much concern has been expressed regarding the Federal courts' role in supervising State prison operations. Issues raised in this litigation have included inmates' legal access to the courts, prison crowding, living conditions, racial segregation, inmate classification, the provision of mental health services and medical care, privacy rights, inmate programs and services, institutional violence, and disciplinary procedures. Prisoners' litigation has produced significant costs to the courts and administrative changes in prisons. It has also raised concerns regarding the separation of powers of government and has produced both anticipated and unanticipated changes in prison conductions. Litigation is likely to continue, but Federal courts appear likely to defer increasingly to prison authorities. Tables, notes, 67 references, and list of cases cited