A prisoner is anyone who has been denied personal liberty against his will due to a criminal conviction. According to most of the US history, treatment of prisoners was entirely handled by the prison administrators. During the late 1960s and the beginning of 1970s, federal courts began overseeing systems of state prisons and developed a law body that dealt with prisoners’ rights (Hawkins and Alpert, 1989). Although prisoners cannot afford all the privileges that a free citizen is entitled to, they are assured of guaranteed minimal rights defined by the moral standards of the community and the US constitution (Hawkins and Alpert, 1989). In this essay, I will provide a description of three substantive rights that a prisoner is entitled to by the courts. Also, I will give examples of three Supreme Court cases that address each of these substantial rights.
Through a legal review process, the courts granted prisoners some substantive rights. One of these rights is the right to access the courts, legal service, and materials. The state cannot interfere with a prisoner’s right to petition for relief in the court. Besides, the state or the prison officials cannot refuse to review the applications of a prisoner and submit them to the federal court. Also, the state should not require indigent prisoners to pay a fee so that they file their papers with the court. Prisoners are also not prohibited from having legal papers or law books in their cells. Under this right, prisoners have a right to legal counsel which needs special considerations. An example of a related case in the Supreme Court is the Bounds vs. Smith case in 1977 (Hawkins and Alpert, 1989). The issue, in this case, was whether the state should protect the prisoners’ right to access the courts by giving them law libraries and other alternative sources through which they will acquire legal knowledge. Mr. Justice Marshall delivered the court’s opinion in this case. The officials from North Carolina state and petitioners asked the court to overrule the case. Unfortunately, the court refused this invite and held its previous decision, of such services, is mandated by the constitution.
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Another substantive right of prisoners is the right to freedom of religion (Calhoun, 1977). Prisoners should be allowed to practice their religion, have written materials on their religion, be able to relate to religious leaders and obey ethical rules that do not compromise security and order in prison. Also, prisons must offer equal treatment to different religions within the prison. Also, for religious observances for religious groups in prisons on a regular basis must be allowed. Prisoners also have a right to access religious programs that are being broadcasted on TV and radio channels (Calhoun, 1977). An example of a Supreme Court case that upholds this right is the case filed against Gregory Holt, an inmate in Arkansas Department of Correction. The Supreme Court unanimously ruled for a Muslim inmate, deciding that he has a religious right of growing his half-inch beard. The court said that Arkansas prison authorities did not have a convincing reason as to why the inmate’s neatly trimmed beard would represent any form of danger.
A third substantive right of prisoners is the right to acquire medical services. Inmates are entitled to medical treatment that is adequate. When a prison official refuses to give medical attention to a seriously ill prisoner, it is considered a violation of the Eighth Amendment that prohibits unusual and cruel punishment of inmates. Also, prisoners have a right of suing physicians who cruelly handle them in state courts. An example of a related case is the Estelle vs. Gamble case of 1976. An inmate filed a complaint against the medical director of the corrections department, claiming that he was handled cruelly. The case was however dismissed by the District Court for not having a claim on which relief could be granted (Calhoun, 1977).
In conclusion, the state upholds the substantive rights of prisoners as seen in the above examples. Therefore, prisoners are convinced that their rights will always be observed and that they can file a complaint in the court in situations where their rights are undermined.
References
Hawkins, R., & Alpert, G. P. (1989). American prison systems: Punishment and justice . Englewood Cliffs, NJ: Prentice Hall.
Calhoun, E. (1977). The Supreme Court and the Constitutional Rights of Prisoners: A Reappraisal. Hastings Const. LQ , 4 , 219.
