ERIC Number: ED070897
Record Type: RIE
Publication Date: N/A
Reference Count: 0
Prisoners' First Amendment Rights Within the Institution. Criminal Justice Monograph. Volume III, No. 3.
Sanders, Rabun C., Jr.; And Others
This monograph examines prisoners' rights to freedom of speech, religion, and petition under the First Amendment to the United States Constitution. The courts had previously taken the attitude that the operation of penal institutions was beyond their jurisdiction, but the suppression of and restrictions on the exercise of first amendment freedoms by prisoners have received increasing judicial scrutiny during the past decade. The few successful petitions of the many submitted to the courts by prisoners have had an effect which extended far beyond their institutional origins. One reason for increased judicial concern about the rights of prisoners arose from the change in prison philosophy by correctional authorities from the concept of punishment and retribution to one of rehabilitation. To determine the state of case law as it pertains to the rights of prisoners under the first amendment rights guaranteed to all citizens, law libraries were researched and questionnaires sent to all 50 state departments of corrections and also to four federal correctional institutions. The purpose of the questionnaire was to compare the announced policies of the institutions with requirements of the court decisions. The form used is appended to the document. (MF)
Publication Type: N/A
Education Level: N/A
Authoring Institution: Sam Houston State Univ., Huntsville, TX. Inst. of Contemporary Corrections and the Behavioral Sciences.