NCJ Number
129046
Journal
New England Journal on Criminal and Civil Confinement Volume: 16 Issue: 1 Dated: (Winter 1990) Pages: 21-51
Date Published
1990
Length
31 pages
Annotation
The Federal penitentiary at Marion, Illinois, operated by the Bureau of Prisons (BOP), has been the subject of a class action suit filed on behalf of the inmates which argues that conditions there violate the eighth amendment injunction against cruel and unusual punishment.
Abstract
Based on a presentation of the socio-historical context of Marion through the 19th and 20th centuries, events at the prison represent a regression to an era of penological repression and the abdication of rehabilitative efforts; the purpose of imprisonment has become the infliction of the greatest amount of permissible pain and punishment. The most secure Federal penitentiary, Marion was the site of a lockdown in 1983 in which correctional officials employed physical and verbal abuse, isolation, searches, chemical agents, and handcuffs and shackles to control inmates; other issues which related to the eighth amendment included religious rights, employment and educational programs, access to legal assistance and the courts, and lack of recreation. Two other issues of contention during the class action suit concerned classification methods involving transfers to Marion and the denial of motions to have the magistrate and judge dismissed for reasons of bias. The appellate decision process is outlined, and it is argued that Marion, like Alcatraz, can be dismantled, and its prisoners transferred to other prisons. 284 references