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David Rudovsky - The Rights of prisoners: the basic ACLU guide to prisoners rights

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While prison officials continue to hold enormous power over prisoners, since the late 1960s judicial decisions have begun to reflect an attempt to eliminate major prison abuses.Topics covered include freedom from cruel and unusual punishment, due process, prison censorship, religious and racial discrimination, special concerns of women prisoners, medical care, rehabilitation, parole, and remedies and procedures for challenging conditions of confinement.

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Page i

David Rudovsky practices law in Philadelphia and is Staff Counsel for the National Emergency Civil Liberties Committee. He has been counsel in many cases involving prisoners' rights and is currently representing inmates of the Philadelphia County Prison System in a court action seeking improvement of prison conditions. Mr. Rudovsky teaches at the University of Pennsylvania School of Law and is the co-author of Police Misconduct: Law and Litigation.
Alvin J. Bronstein and Edward I. Koren are the Executive Director and a Staff Attorney, respectively, of the National Prison Project of the ACLU Foundation. The National Prison Project is a tax-exempt foundation funded project which seeks to broaden prisoners' rights, to improve overall prison conditions by using administrative, legislative, and judicial channels, and to develop alternatives to incarceration.
Julia D. Cade is a paralegal and public information assistant for the National Prison Project of the ACLU in Washington. She has recently joined the Prison Project staff after many years in Georgia working on various death penalty and prison issues.

Page ii
Also in This Series
THE RIGHTS OF AUTHORS AND ARTISTS
by Kenneth P. Norwick, Jerry Simon Chasen, and Henry R. Kaufman
THE RIGHTS OF CRIME VICTIMS
by James Stark and Howard Goldstein
THE RIGHTS OF EMPLOYEES
by Wayne N. Outten with Noah A. Kinigstein
THE RIGHTS OF GAY PEOPLE
by Thomas B. Stoddard, E. Carrington Boggan, Marilyn G. Haft, Charles Lister, and John P. Rupp
THE RIGHTS OF SINGLE PEOPLE
by Mitchell Bernard, Ellen Levine, Stefan Presser, and Marianne Stecich
THE RIGHTS OF STUDENTS
by Janet R. Price, Alan H. Levine, and Eve Cary
THE RIGHTS OF TEACHERS
by David Rubin with Steven Greenhouse
THE RIGHTS OF WOMEN
by Susan Deller Ross and Ann Barcher
THE RIGHTS OF YOUNG PEOPLE
by Martin Guggenheim and Alan Sussman
YOUR RIGHT TO GOVERNMENT INFORMATION
by Christine M. Marwick
Page iii
An American Civil Liberties Union Handbook
The Rights Of Prisoners
The Basic ACLU Guide To Prisoners' Rights
FOURTH EDITION
David Rudovsky
Alvin J. Bronstein
Edward I. Koren
Julia D. Cade
General Editor of the Handbook Series:
Norman Dorsen, President, ACLU
SOUTHERN ILLINOIS UNIVERSITY PRESS
CARBONDALE AND EDWARDSVILLE
Page iv
Copyright 1988 by the American Civil Liberties Union
All rights reserved
Printed in the United States of America
00 99 98 97 12 11 10 9
Library of Congress Cataloging-in-Publication Data
Rudovsky, David.
The rights of prisoners.
(An American Civil Liberties Union handbook)
1. PrisonersLegal status, laws, etc.
United States. I. Bronstein, Alvin J. II. Koren,
Edward I. III. Cade, Julia D. IV. Title. V. Series.
KF9731.Z9R8 1988 344.73'035643 87-23577
ISBN 0-8093-1452-5 347.30435643
The paper used in this publication meets the minimum requirements of
American National Standard for Information SciencesPermanence of
Paper for Printed Library Materials, ANSI Z39.48-1984.
Page v
Contents
Preface
Norman Dorsen
vii
Acknowledgments
ix
Introduction
xi
I.
Freedom from Cruel and Unusual Punishment
1
II.
Due Process
12
III.
Free Communication and Access to the Courts:
The Problems of Prison Censorship
22
IV.
Political Rights
40
V.
Religious Rights and Discrimination
48
VI.
Racial Discrimination
58
VII.
Privacy and Personal Appearance
63
VIII.
The Special Concerns of Women Prisoners
71
IX.
Medical Care and Rehabilitation
79
X.
Pretrial Confinement: Jail Conditions and Practices
94
XI.
Parole
104
XII.
Remedies and Procedures for Challenging Conditions
of Confinement
114
Appendix: Prisoners' Rights Organizations
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