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Prisoner rights in the United States information


All prisoners have the basic rights needed to survive and sustain a reasonable way of life. Most rights are taken away ostensibly so the prison system can maintain order, discipline, and security.[citation needed] Any of the following rights, given to prisoners, can be taken away for that purpose:

Prisoner may refer to one of the following:

  • A person incarcerated in a prison or jail or similar facility.
  • Prisoner of war, a combatant or non-combatant in wartime, held by a belligerent power
  • Political prisoner, someone held in prison for their ideology.
  • A person forcibly detained against his will, such as a victim of kidnapping; such prisoners may be held hostage, or held to ransom, but not necessarily in a prison or similar facility.[citation needed]

The right to:[1]

  • not be punished cruelly or unusually
  • due processes
  • administrative appeals
  • access the parole process (denied to those incarcerated in the Federal System)
  • practice religion freely
  • equal protection (Fourteenth Amendment)
  • be notified of all charges against them
  • receive a written statement explaining evidence used in reaching a disposition
  • file a civil suit against another person
  • medical treatment (both long and short term)
  • treatment that is both adequate and appropriate
  • a hearing upon being relocated to the mental health facility.
  • personal property such as: cigarettes, stationery, a watch, cosmetics, and snack-food
  • visitation
  • privacy
  • food that would sustain an average person adequately.
  • bathe (for sanitation and health reasons).

Many rights are taken away from prisoners often temporarily.[citation needed] For example, prison personnel are required to read and inspect all in-going or out-going mail, in order to prevent prisoners from obtaining contraband. The only time a prisoner has a full right to privacy is in conversations with their attorney.

  1. ^ Staff, L. I. I. (July 15, 2008). "Prisoners' rights". LII / Legal Information Institute. Retrieved May 11, 2019.

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