Rights During Punishment

Question 1

What are prisoner’s rights to medical care?

Answer 1

Prisoners have right to “adequate medical care” under 8th amendment prohibition of cruel and unusual punishment

Question 2

What is person’s right to counsel at parole/probation revocation?

Answer 2

1. If revocation of probation ALSO involves imposition of new sentence, D is entitled to representation in all cases in which she is entitled to counsel at trial
2. if, after revocation of probation, an already imposed prison sentence springs into application, right to counsel is available ONLY IF NECESSARY to a FAIR HEARING
3. if parole revocation, right to counsel is available ONLY IF NECESSARY to a FAIR HEARING

Examples –> D denies commission of alleged acts, issues are otherwise difficult

Question 3

What is rule re: prisoner’s 4th amendment rights?

Answer 3

No expectation of privacy, no 4th amendment rights w regards to searches of their cells

Question 4

What is rule re: prisoners and access to courts?

Answer 4

prisoners must be given reasonable access to courts

Question 5

What is the rule re: prison regulations and DP?

Answer 5

Prison regulations violate DP ONLY if

-regulation imposes “Atypical and significant hardship” in relation to ordinary incidents of prison life

Question 6

What are rules re: prisoner’s 1st amendment rights?

Answer 6

Prisoner’s 1st amendment rights may be burdened by regulations “reasonably related to penological interests”

Incoming mail –> can be broadly regulated

Outgoing mail –> generally can’t be regulated

NOTE –> fed statute prevents interference w prisoner’s religious practices absent compelling state interest

Question 7

What is prisoner’s right to be free of disabilities after completion of sentence?

Answer 7

No right.

Felon may be prevented from voting, and this can constitutionally continue beyond term of sentence