Rights in Prison

If you are sentenced to prison, which means you will be detained for more than a year, that doesn’t mean you leave all your rights at home. It is important to know that even as a prisoner in a state or federal facility, you have certain rights, as discussed more fully below.

Cruel and Unusual Punishment

The most important right of prisoners comes from the 8th amendment, and that is to be free from cruel and unusual punishment. The definition of those terms is a hotly debated issue, but know that if you are ever in a questionable circumstance that you feel might be cruel and unusual, you should contact a criminal defense attorney in your area to discuss your situation.

Freedom of Speech and Religion, Due Process, and Equal Protection

In fact, prisoners still retain many of the rights contained in the Constitution such as some of those guaranteed by the 1st amendment (speech and religion) and the 14th amendment (due process and equal protection). Note that inmates who qualify for special accommodations under the Americans with Disabilities Act (ADA) must also be provided for.

Search and Seizure

Prisoners do not, however, enjoy rights granted to others by the 4th amendment, i.e., the right to be secure in one’s person and possessions and free from unreasonable searches. An inmate, his cell, and his possessions may all be searched at any time by prison officials.

Living Conditions

Inmates are also entitled to a base standard of living conditions in prison; this concept goes back to the discussion of the 8th amendment above. Although many prisons strive only to meet the basic necessities, particular areas of concern for prisoners could include the following:

  • Overcrowding
  • Unsafe physical conditions in the building
  • Unsafe living conditions regarding personal interaction with other inmates or guards
  • Meals (frequency, volume, nutritional content)
  • Lack of medical care
  • Lack of basic hygiene products
  • Inability to meet with an attorney or other legal professional
  • Trouble sending or receiving correspondence and/or phone calls

Visitation

Visitation is not a right that is guaranteed to prisoners, but many prisons do allow it.

As always, if you have specific questions regarding your situation, it is best to speak with an experienced criminal defense attorney in your area.