Identify and describe three substantive rights granted to prisoners by the courts.

Question

What will be an ideal response?

Answer 1

Through a slow process of legal review, the courts granted inmates a number of substantive rights, including the right to practice religion, the right to have freedom of the press, and medical rights. In general, the courts have ruled that inmates have the right to assemble and pray in the religion of their choice but that religious symbols and practices that interfere with institutional security can be restricted. Furthermore, religious prisoners cannot receive favored treatment. Courts have also consistently ruled that only when a compelling state interest exists can prisoners' First Amendment rights be modified. Correctional authorities must justify limiting free speech by showing that granting it would threaten institutional security. If prison administrators believe that correspondence undermines prison security, the inmates' rights can be curtailed. In early prisons, inmates' right to medical care was restricted through the "exceptional circumstances doctrine" where courts would only hear cases that revealed utter disregard for human dignity, while denying less serious cases. To gain their medical rights, prisoners have resorted to class action suits, such as Newman v. Alabama, until Estelle v. Gamble when the court clearly affirmed an inmate's right to medical care. This ruling mandated that inmate healthcare reflect what is available to citizens in the general community. Administrators must consider access, quality, and cost of healthcare as part of the prison regime.