Discuss the principles of the hands-off doctrine and how it shaped prisoners' rights prior to 1960

Question

What will be an ideal response?

Answer 1

Before the early 1960s, it was accepted that upon conviction, an individual forfeited all rights not expressly granted by statutory law or correctional policy and were considered civilly dead. The court held that convicted offenders should expect to be penalized for their misdeeds and that part of their punishment was the loss of freedoms that law abiding citizens take for granted. One reason why inmates lacked rights was the hands-off doctrine that was in place until the 1960s drew to a close. This doctrine described hesitation on the part of the state and federal courts to intervene in the administration of prisons unless the circumstances of a case clearly indicated a serious breach of the Eighth Amendment protections against cruel and unusual punishment. As the 1960s ended the hands-off doctrine eroded and federal district courts began seriously considering prisoners' claims about conditions in various institutions and use their power to intervene on behalf of the inmates.