Prisoner Rights & Resources

Prisoners have fundamental rights under the U.S. Constitution.

Their First Amendment rights include:

• Free speech
• Association rights
• Right to practice their religion
• Freedom from discrimination
• Right to appropriate medical and mental health care

The Eighth Amendment also protects prisoners. The Eighth Amendment prohibits cruel and unusual punishment.

Inmate Right To Due Process

Another right afforded to inmates is the right to due process. This includes the rights to administrative appeals and to access the parole process.

Access to the courts is another protected right. This right is often satisfied by prison law libraries. Finally, a writ of habeas corpus protects against unlawful and indefinite imprisonment.

Department of Justice's Bureau of Prisons

The Department of Justice's Bureau of Prisons is the federal bureau responsible for the custody and care of federal inmates. Inmates have the right to raise complaints to prison officials about prison conditions. Following grievance procedures achieves this.

Sometimes, complaints become lawsuits that the Supreme Court hears. The Supreme Court is the country's highest court. However, the Prison Litigation Reform Act (PLRA) limits prisoners' access to federal courts.

Below are links to various national resources. These resources relate to the litigation process and the rights of those incarcerated. There are also resources about capital punishment and the death penalty.

Representation and Litigation

This section provides resources to pretrial detainees and criminal defendants. These resources discuss criminal representation and the litigation process:

• American Civil Liberties Union (ACLU): The only national litigation program on behalf of prisoners.
• National Legal Aid and Defender Association: A nonprofit organization offering legal services to indigent defendants. Indigent means unable to afford the basic needs of life.

Incarceration and Prison Conditions

This section provides various resources for incarcerated individuals.

• Prison Activist Resource Center: A source for liberal information on prisons. Also includes information on the criminal prosecution system.
• Rights of Inmates (FindLaw): An overview of the constitutional rights of people who are incarcerated.
• Legal Aid Society of New York: Advocating for constitutional and humane conditions for prisoners in New York City and state prisons.
• Prisoners and Prisoners' Rights: An overview of inmates' rights and links to a menu of related resources.
• Justice Denied: A magazine devoted to helping wrongly convicted people in the United States.
• Partnership for Safety and Justice: Formerly known as the Western Prison Project. Publishes a prisoner support directory.
• Cabrini Green Legal Aid: Includes the Chicago Legal Advocacy for Incarcerated Mothers (CLAIM) program. It provides legal and educational services for imprisoned mothers. The Chicago-based organization aims to preserve families.
• Amnesty International: An international human rights organization covering various issues. This includes the rights of prisoners and inmates.
• Human Rights Watch: An organization seeking to end abusive treatment of prisoners.
• National Association of the Deaf - Rights of Deaf and Hard of Hearing Inmates: An overview of rights and remedies for deaf inmates.
• The Eighth Amendment (FindLaw): A look at the source of a prisoner's constitutional rights.
• Prison Legal News: An independent publication. Reports, reviews, and analyzes court rulings and news about prisoner issues.
• Jewish Prisoner Services International: Provides various services for Jewish prisoners and family members.

Capital Punishment and the Death Penalty

Here, you'll find resources discussing the death penalty and capital punishment.

• National Coalition To Abolish the Death Penalty: This is the only fully staffed national organization solely working to eliminate capital punishment. Capital punishment is also known as the death penalty.
• Death Penalty Information Center: A nonprofit organization serving the media and the public. Includes analysis and information on issues about the death penalty.

Miscellaneous Topics

This section offers information on miscellaneous topics, including crime reduction and mass incarceration.

• Books Not Bars: Aims to expose and end the over-incarceration of youth.
• The Sentencing Project: A national leader in developing alternative sentencing programs. Also a leader in research and advocacy on criminal justice policy.
• Citizens United for Rehabilitation of Errants (CURE): Nationwide grassroots organization seeking to reduce crime. Focuses on reform of the criminal justice system.
• Native American Indian Spiritual Freedom in Prison: Discusses cases and provides links to resources.
• HIV & Hepatitis Education Prison Project: Information on infectious diseases in corrections facilities. Infectious diseases are diseases caused by germs.
• Preventing Prison Rape (FindLaw): Addresses rape in prison facilities.
• Just Detention International: Seeks to end sexual abuse, sexual assault, and sexual harassment in detention facilities.

Talk to an Attorney About Prisoners' Rights

There are many resources available to prison inmates about their legal rights. These resources are critical.

Inmates can face complicated conditions of confinement, such as segregation or discrimination. These are not legal under the Americans with Disabilities Act (ADA). Prisoners need to exhaust internal grievance processes before filing suit in federal court.

Inmates may face harsh conditions such as:

• Inadequate facilities
• Solitary confinement
• Potential threats of abuse based on transgender status

They may also face discrimination based on disabilities or be denied medical care.

Are you or someone you know dealing with a similar situation in a correctional facility or federal prison? Need legal assistance or a jailhouse lawyer?

You may be able to file a complaint against your state's department of corrections. Talk to an experienced civil rights attorney to learn about federal laws, filing fees, and state laws.