Rights of Prisoners, Juveniles, and Aliens

Question 1

What rights do prisoners have?

Answer 1

Generally, prisoners’ constitutional rights are more limited in scope than those held by individuals in society at large. The test for prisoner rights is whether restrictions are reasonably related to legitimate penological interests.

Question 2

Is parole or probation a right?

Answer 2

No federal constitutional right to parole or probation exists. However, where state law provides for a right to parole, a prisoner denied parole must be granted notice of the reasons for denial and an opportunity to be heard.

Revocation of probation entitles the prisoner to the right to counsel if a new sentence is imposed; otherwise, the right to counsel is limited and determined on a case-by-case basis.

Due process affords a prisoner the right to both a prerevocation hearing and a revocation hearing. At this latter hearing, evidence may be presented and confrontation of witnesses is allowed, subject to the discretion of the court.

Question 3

What are some other specific rights of prisoners?

Answer 3

Prisoners must have reasonable access to the courts and legal counsel as well as some form of communication with the press.

The state may not refuse to provide prisoners with medical care.

A prisoner must be given notice of the forfeiture of property through a certified letter addressed to him at the facility where he is confined.

Question 4

What are the limits on prisoner rights?

Answer 4

Prisoners have not right to unionize.

Mail may be censored subject to strict guidelines, and letters to inmates from their attorneys may be opened, but not read, by prison authorities.

Inmates have no right to provide legal service to fellow inmates.

A private corporation operating a correctional facility through a contract is not subject to suit for allegedly violating a prisoner’s constitutional rights.

Visiting regulations are usually viewed as reasonably related to legitimate penological interests and are, therefore, constitutional.

Question 5

What are juveniles’ rights?

Answer 5

Juvenile offenders must receive due process of the law under the following recognized procedural safeguards:

1. the right to written notice of the charges;
2. the right to counsel;
3. the right to confront and cross-examine witnesses;
4. the privilege against self-incrimination;
5. the right to have guilt proved beyond a reasonable doubt; and
6. the right not to be placed in jeopardy twice for the same offense once adjudicated a delinquent.

The following constitutional rights have not been extended to juvenile proceedings:

1. the right to a jury trial;
2. the right to bail; and
3. the right to a public trial.

The Eighth and Fourteenth Amendments forbid imposition of the death penalty on offenders who were under the age of 18 when their crimes were committed.

Question 6

What are aliens’ rights?

Answer 6

Under teh US Constitution, an alien’s detention is limited to the time reasonably necessary to accomplish that alien’s removal from the US. Indefinite detention is not allowed.