NCJ Number
177797
Journal
Women and Criminal Justice Volume: 10 Issue: 3 Dated: 1999 Pages: 31-55
Date Published
1999
Length
25 pages
Annotation
This article argues that courts and prison administrators should consider the differences between male and female inmates, particularly with respect to cross-gender searches.
Abstract
Research has indicated the differing profiles and needs of male and female inmates, as well as the different ways in which they adapt to prison. However, the male model of imprisonment sets the standard when policy is made and implemented. Nevertheless, several courts have recognized in a limited way the rights of prisoners to be free from unnecessary searches performed by guards of the opposite sex. However, most of these decisions do not differentiate between male and female inmates in assessing whether a challenged cross-gender search violates constitutional protection. However, the court in the case of Jordan v. Gardner recognized female inmates' specific histories of abuse in assessing the potential psychological harm of cross-gender searches. This case represents an exemplary use of a gender specific standards. It is recommended that both courts and prison administrators use a gender-specific standard to measure more appropriately and accurately the impact of cross-gender searches on female inmates. List of case citations and 34 references (Author abstract modified