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Prison Litigation in England

NCJ Number
Criminal Law Bulletin Volume: 26 Issue: 3 Dated: (May-June 1990) Pages: 246-261
J E Robertson
Date Published
16 pages
For at least a decade, commentators have spoken of a crisis in the state of English prisons. Overcrowding, idleness, violence, one-sided disciplinary hearings, and physical squalor have been among the maladies afflicting penal institutions there.
Defective conditions in U.S. prisons have led to many prison lawsuits and an expansion of prisoners' rights. How have English courts responded? This article is a primer on prison litigation in England. The author outlines the administrative structure of England's prison system and identifies the basis for prisoners' rights under English law. He profiles the English judiciary, reviews case law, and deduces two models of judicial decision making. 116 notes. (Publisher abstract)


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