Prisoner Rights And Jail House Wrongs

By law, the following rights are guaranteed for those incarcerated:

Cruel and Unusual Punishments - Every inmate has the right to be free under the Eighth Amendment from inhumane treatment or anything that could be considered "cruel and unusual" punishment. Note: Unfortunately, the Eighth Amendment does not clearly define what "cruel and unusual" punishment includes, meaning much of the definition has derived from case law. Generally speaking, any punishment that is considered inhumane treatment, like torture or abuse, or a violation of a person's basic dignity may be considered cruel and unusual within the discretion of the court.

Sexual Harassment or Sex Crimes - Inmates have a right to be free from sexual harassment or sex crimes, like being raped or molested while in custody. This applies to crimes or harassment from both inmates and prison personnel.

Right to Complain About Prison Conditions and Access to the Courts - Inmates have the right both to complain about prison conditions and to voice their concerns to prison officials and the courts.

Disabled Prisoners - Inmates with disabilities are entitled to certain reasonable accommodations under the American with Disabilities Act to ensure they receive the same access to prison facilities as those who are not disabled.

Medical and Mental Health Care - Prisoners are entitled to receive medical care and mental health treatment. These treatments are only required to be "adequate," not the best available or even the standard treatment for those outside of incarceration.

First Amendment Rights - Inmates retain basic First Amendment rights (i.e., free speech and religion) to the extent that the exercise of those rights does not interfere with their status as inmates.

Discrimination - Inmates have the right to be free from discrimination while imprisoned. This includes racial segregation, disparate treatment based on ethnicity or religion, preferences based on age, etc,.

In practice, the following are some of the wrongs routinely experienced by those behind bars:

1. Most do not have adequate access to the law library or legal materials and are allowed only one year to appeal a case.

2. Work opportunities are limited for the many inmates who would like a job, and wages for those who work average less than $1 an hour.

3. Many jails and prisons do not provide needed educational or rehabilitation programs.

4. Most provide inferior and inadequate dental, medical and mental health care. 

5. Most meals meet only minimal nutritional standards and are nutritionally less than adequate for inmates who work out or are otherwise physically active. 

6. A large number of people in jails are awaiting their trials and have not been convicted of a crime. Unable to make bail, they are housed with convicted and sometimes dangerous felons. 

7. Most prisons require inmates to live in cells the size of an average bathroom, and some have more than two inmates per cell.

8. Most prison cells and dormitories do not have call boxes (intercoms) or other communication device inmates could use to contact someone if and when emergency assistance is needed.

9. Officers often do not make regular bed checks as required, and are mostly seen on the floor only during designated counts. 

10. As a matter of health and human rights, all correctional facilities without good natural ventilation  and exhaust fans should have operational air-conditioning units installed to protect those inside from the danger of excessive heat.

11. Drinking water may not always be checked regularly to ensure it is safe and healthy.

12. Most jails charge inmates a keep fee for their incarceration in addition to the punishment imposed by the court. This should be declared illegal.

13. Phone services and commissary items are typically overpriced and their costs regularly increase even though prison wages remain flat.

Note: Most of the above items are reported by prisoners with whom I am in contact.