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

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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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