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                                    Constitutional Implications of Restrictive Housing

      

                    
          
    Constitutional Implications of Restrictive Housing
"The prison setting imposes greater than normal restrictions on liberty, privacy, and communication. As a result, the prison comes under greater legal scrutiny regarding extent of the restrictions and deprivations of those restrictions and deprivations. Within the prison setting, the placement of inmates in restrictive housing or administrative segregation generates even greater judicial scrutiny due to the level of restriction, reasonableness of the placement and the indeterminate length of the segregation. Even with the proper policies in place, the conditions and programming in restrictive housing require careful review and attention for any correctional facility. In the past few decades, prisoners and prisoner right advocates have successfully challenged many departments on the use of restrictive housing. The following presents a brief overview of the areas in which departments have faced legal challenges" (p. 1). Constitutional challenges regarding restrictive housing in the recent past have been made based on First Amendment, Fourth Amendment, Sixth Amendment, Eighth Amendment, and the Fourteenth Amendment.Accession Number
              029992

  Download Links
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  Publication Year
              2015

  Length
              3 pages

  Sources
          Crime and Justice Institute (CJI) (Boston MA)
Tags
    Administrative segregation
          Constitutional legal issues

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