_- CrimP 13 - rights during punishmt' Flashcards
Prisoner’s rights
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Prison regulations impinge on due process rights IF….
Prison regulations impinge on due process rights ONLY if impose atypical and significant hardship in relation to the ordinary incidents of prison life.
4A rights in prison?
No 4A protection in your cell.
Right to courts
Prisoners must be given reasonable access to courts.
RIGHT TO COUNSEL AT PAROLE AND PROBATION REVOCATION
If revocation of probation also involves imposition of a new sentence, the defendant is entitled to representation by counsel in all cases in which they are entitled to counsel at trial.
If, after probation revocation, an already imposed sentence of imprisonment springs into application, or if the case involves parole revocation, the right to counsel is available only if representation is necessary to a fair hearing (for example, the defendant denies commission of alleged acts, or issues are otherwise difficult to present and develop).
PRISONERS’ RIGHTS: Due Process
Prison regulations impinge on due process rights only if the regula- tions impose “atypical and significant hardship” in relation to the ordinary incidents of prison life.
PRISONERS’ RIGHTS: No Fourth Amendment Protection in Cells
Prisoners have no reasonable expectation of privacy in their cells and so have no Fourth Amendment protection with respect to searches of their cells.
PRISONERS’ RIGHTS: Right of Access to Courts
Prisoners must be given reasonable access to the courts.
PRISONERS’ RIGHTS: First Amendment Rights
Prisoners’ First Amendment rights of freedom of speech, association, and religion may be burdened by regulations reasonably related to penological interests (for example, running a safe and secure prison).
Note that incoming mail can be broadly regulated, but outgoing mail generally cannot be regulated.
Note also that a federal statute prohibits states from interfering with a prisoner’s religious practices absent a compelling interest.
PRISONERS’ RIGHTS: Right to Adequate Medical Care
Prisoners have a right to adequate medical care under the Eighth Amendment prohibition against cruel and unusual punishment.
NO RIGHT TO BE FREE FROM DISABILITIES UPON COMPLETION OF SENTENCE
A person convicted of a felony may be unable to vote in state elections, and this disability can constitutionally continue beyond the term of their sentence.
