This text details critical information on all aspects of prison litigation, including information on trial and appeal, conditions of isolated confinement, access to the courts, parole, right to medical aid and liabilities of prison officials. Highlighted topics include application of the Americans with Disabilities Act to prisons, protection given to HIV-positive inmates, and actions of the Supreme Court and Congress to stem the flow of prison litigation. Part II contains Judicial Decisions Relating to Part I.
This book considers prisoners' rights from socio-legal and philosophical perspectives, assessing the advantages and problems of a rights-based approach to imprisonment with a focus on citizenship, the treatment of women prisoners, and social exclusion.
Hank Lacayo Best Labor Themed Book, International Latino Book Awards Best Book Award, Division of Critical Criminology and Social Justice, American Society of Criminology In the early twentieth century, the brutality of southern prisons became a national scandal. Prisoners toiled in grueling, violent conditions while housed in crude dormitories on what were effectively slave plantations. This system persisted until the 1940s when, led by Texas, southern states adopted northern prison design reforms. Texas presented the reforms to the public as modern, efficient, and disciplined. Inside prisons, however, the transition to penitentiary cells only made the endemic violence more secretive, intensifying the labor division that privileged some prisoners with the power to accelerate state-orchestrated brutality and the internal sex trade. Reformers' efforts had only made things worse--now it was up to the prisoners to fight for change. Drawing from three decades of legal documents compiled by prisoners, Robert T. Chase narrates the struggle to change prison from within. Prisoners forged an alliance with the NAACP to contest the constitutionality of Texas prisons. Behind bars, a prisoner coalition of Chicano Movement and Black Power organizations publicized their deplorable conditions as "slaves of the state" and initiated a prison-made civil rights revolution and labor protest movement. These insurgents won epochal legal victories that declared conditions in many southern prisons to be cruel and unusual--but their movement was overwhelmed by the increasing militarization of the prison system and empowerment of white supremacist gangs that, together, declared war on prison organizers. Told from the vantage point of the prisoners themselves, this book weaves together untold but devastatingly important truths from the histories of labor, civil rights, and politics in the United States as it narrates the transition from prison plantations of the past to the mass incarceration of today.
In the age of American mass incarceration, a complex legal regime governs prison conditions and presents a host of controversial questions at the intersection of constitutional liberty, statutory interpretation, administrative regulation, and public policy. This is a completely overhauled, re-titled, and much-expanded version of the leading casebook about incarceration. It addresses both pretrial and post-conviction incarceration, presenting Supreme Court and leading lower court case law, statutes, litigation materials, professional standards, academic commentary, and prisoner writing. Topics include conditions of confinement, civil liberties, particular prisoner populations and relevant legal issues (race and national origin discrimination, the particular issues/law governing treatment of incarcerated women, LGBTQ people, and people with disabilities). Litigated remedies (injunctive litigation, damages, the Prison Litigation Reform Act, and criminal prosecution of prison staff), are also covered in detail, as is non-litigation oversight. The casebook is supplemented by an open-access website that offers additional resources and sources for further reading.
Over the past four decades, the rate of incarceration in the United States has skyrocketed to unprecedented heights, both historically and in comparison to that of other developed nations. At far higher rates than the general population, those in or entering U.S. jails and prisons are prone to many health problems. This is a problem not just for them, but also for the communities from which they come and to which, in nearly all cases, they will return. Health and Incarceration is the summary of a workshop jointly sponsored by the National Academy of Sciences(NAS) Committee on Law and Justice and the Institute of Medicine(IOM) Board on Health and Select Populations in December 2012. Academics, practitioners, state officials, and nongovernmental organization representatives from the fields of healthcare, prisoner advocacy, and corrections reviewed what is known about these health issues and what appear to be the best opportunities to improve healthcare for those who are now or will be incarcerated. The workshop was designed as a roundtable with brief presentations from 16 experts and time for group discussion. Health and Incarceration reviews what is known about the health of incarcerated individuals, the healthcare they receive, and effects of incarceration on public health. This report identifies opportunities to improve healthcare for these populations and provides a platform for visions of how the world of incarceration health can be a better place.
A bold statement for those living within the industrial prison complex, realized in block prints of the Universal Declaration of Human Rights. Inside prisons across the U.S., incarcerated people struggle everyday for their basic rights, claiming again and again their status as human beings. Here, within the largest democracy in the world (conditional though it may be), incarcerated people suffer indignities from terrible living conditions to physical and sexual violence, all under the aegis of justice. As a tool to discuss the limits and ideals of human rights within a carceral state, artists at Stateville Prison, who struggle daily for their own human rights, created block prints of each article in the Universal Declaration of Human Rights. The process of drawing, carving, and inking each print created the time and space for artists to critique and reflect on the ways the declaration is simultaneously aspirational, strategic, and fraught with the legacy of the violence of its founding states. For universal human rights to be relevant, it is essential that the most impacted people be heard and their vision of human rights centered. This book features the 30 brilliantly crafted prints presented alongside the corresponding articles from the declaration. The artists and authors ask essential questions of what it means to build a culture of human rights from below rather than institute rights from above. What happens when people denied their rights, begin to reimagine and carve them out once again? This project was inspired by Meredith Stern's Universal Declaration of Human Rights print project and developed in a class taught by Aaron Hughes through the Prison + Neighborhood Arts/Education Project.
In The First Civil Right is a groundbreaking analysis of root of the conflicts that lie at the intersection of race and the legal system in America. Naomi Murakawa inverts the conventional wisdom by arguing that the expansion of the federal carceral state-a system that disproportionately imprisons blacks and Latinos-was, in fact, rooted in the civil-rights liberalism of the 1940s and early 1960s, not in the period after.
In this bold book, A. Naomi Paik grapples with the history of U.S. prison camps that have confined people outside the boundaries of legal and civil rights. Removed from the social and political communities that would guarantee fundamental legal protections, these detainees are effectively rightless, stripped of the right even to have rights. Rightless people thus expose an essential paradox: while the United States purports to champion inalienable rights at home and internationally, it has built its global power in part by creating a regime of imprisonment that places certain populations perceived as threats beyond rights. The United States' status as the guardian of rights coincides with, indeed depends on, its creation of rightlessness. Yet rightless people are not silent. Drawing from an expansive testimonial archive of legal proceedings, truth commission records, poetry, and experimental video, Paik shows how rightless people use their imprisonment to protest U.S. state violence. She examines demands for redress by Japanese Americans interned during World War II, testimonies of HIV-positive Haitian refugees detained at Guantanamo in the early 1990s, and appeals by Guantanamo's enemy combatants from the War on Terror. In doing so, she reveals a powerful ongoing contest over the nature and meaning of the law, over civil liberties and global human rights, and over the power of the state in people's lives.
