{"id":355723,"date":"2016-04-04T10:42:00","date_gmt":"2016-04-04T15:42:00","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/civilrights\/other-constitutional-rights\/prisoners-rights.html"},"modified":"2023-09-20T10:34:29","modified_gmt":"2023-09-20T15:34:29","slug":"prisoners-rights","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/civilrights\/other-constitutional-rights\/prisoners-rights.html","title":{"rendered":"Prisoners’ Rights"},"content":{"rendered":"\n
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Prisoners' Rights<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Aviana Cooper, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Many legal protections are available to prison inmates. One of the founding tenets of the United States is that each person \u2014 U.S. citizen or not \u2014 is endowed with certain human rights.<\/p>\r\n

Some of these basic rights can never be taken away. This is true even for people who have committed crimes serious enough to warrant a prison sentence.<\/p>\r\n

This article includes information about the legal rights of prisoners and the rights of people arrested for crimes. You’ll also find links to related resources.<\/p>\r\n

Cruel and Unusual Punishment and the Constitution<\/h2>\r\n

The Eighth Amendment to the U.S. Constitution<\/a> prohibits "cruel and unusual" punishment. That term was not clearly defined when the Constitution was written.<\/p>\r\n

In 1848, the U.S. Supreme Court interpreted "cruel and unusual punishments" to include drawing and quartering, public dissecting, and burning alive. The definition has been significantly broadened in the intervening years.<\/p>\r\n

Generally, any treatment that can reasonably be considered inhumane and in violation of basic human dignity violates constitutional law.<\/p>\r\n

For example, in 1995, a federal court in Massachusetts found that a prison system violated inmates’ rights. The inmates were in a correctional facility with fire hazards, a lack of functioning toilets, and vermin (such as rats).<\/p>\r\n

The Rights of Prisoners: Overview<\/h2>\r\n

Beyond the requirement that prisoners be free from "cruel and unusual" punishment, federal and state laws guarantee other rights to inmates.<\/p>\r\n

Pretrial detainees \u2014 people detained while awaiting trial and unable to afford bail \u2014 must be held in a humane environment and not treated as guilty. Prisoners also enjoy First Amendment rights<\/a>. These protected rights include:<\/p>\r\n