If you or a family member is facing incarceration, you need to know your rights.
Prisoners do not have free speech rights granted under the First Amendment. Prison officials many punish inmates who cause unrest within the facility. It is not uncommon for prison officials to censor available reading materials.
Prisoners do not have the right to expect privacy in a prison setting. Prison officials are allowed to monitor and record conversations between prisoners and visitors. However, prison officials must warn both parities in advance.Prison officials cannot interfere with legally afforded confidentiality, these include discussions with their attorney and/or spouse.
Visitation rights, are essential for keeping the incarcerated individual in touch with society. Individual facilities have rules and regulations that must be followed.
Access to the Courts
Prisoners have the right to petition the court. Prison officials may not for any reason forbid prisoners from having legal papers or law books. Prisoners have the right to raise concerned about prison conditions to both the court and prison officials.
Prison officials are not allowed to arbitrarily censor outgoing mail. Incoming mail may be reviewed for security.
Prisoners are entitled to medical care. Denying a prisoner life saving medical treatment is a violation of the Eighth Amendment and can be seen as cruel and unusual punishment.
Prisoners are entitled to healthy food. Special diets for medical and religious reasons usually accommodated.
Prisoners are assigned jobs within the prison facility. Prisoners are unable to chose their work or decide not to work. In addition, wages may be withheld and/or significantly lower that minimum wage standards.
Prisoners are allowed to practice their chosen region and posses written religious material. In addition, prisoners are allowed to communicate with religious leaders and have access to religious programs broadcast on radio and television. Formal religious observances for groups of inmates should be permitted whenever possible. All religions should be treated equally within a prison facility.
Sexual Harassment and Discrimination
Sexual harassment and/or sex crimes while in custody is a crime. This applies to both inmates and prison personnel.
Have your rights have been violated?
Call Us 888-313-1385
Cornerstone Legal Group
Philadelphia, PA 19102
United States of America