Exercise 15. A. Read the text and answer the questions after it.

Prisoners’ Rights

The idea that a prisoner has rights that may be protected by actions in the courts has been developed in Europe and the United States. In England, in the absence of a written constitution, prisoners restoring to the courts have relied on the general principles of administrative law, which, require procedures by disciplinary bodies. Although many actions brought by prisoners have been unsuccessful, prison disciplinary procedures have been improved as a result of such litigation.

In U.S. actions brought under the provisions of the U.S. Constitution (notably the England and the Fourteenth amendments) establish that prisoners are entitled to the protection of the Constitution. Early U.S. court decisions ruled that prisoners had forfeited all of the rights enjoyed by free citizens. Eventually, the courts recognized certain rights and legal remedies available to prisoners, who may now file their own suits, have direct access to the federal courts, and file writs of Habeas Corpus and mandamus. Under Habeas Corpus the prisoner may request release, transfer, or another remedy for some aspect of confinement. Mandamus is a command issue by a court directing a prison administrator to carry out a legal responsibility – to provide a sick prisoner with medical care, for example – or to restore to the prisoner rights that have been illegally denied. Prisoners have sought remedies for many problems, including relief from unreasonable searches, release from solitary confinement, and the procuring of withheld mail. Recent decisions have indicated, however, that the courts are now willing to limit legal writs by prisoners in deference to the security requirements of the prison.

AMENDMENT 8

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual and usual punishments inflicted.

AMENDMENT 14

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; not shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

What rights do prisoners enjoy in Europe and the United States?

What principles have prisoners resorting to the courts relied on in England?

What do you know about Habeas Corpus and mandamus?

Why are the courts now willing to limit prisoners’ access to the federal courts in the USA?

B. Explain the meaning of the following words and expressions:

to resort the courts; to forfeit a right; release from solitary confinement; procuring of withheld mail; prison security requirements.

C. Write down a list of measures necessary to improve the present prisoners’ rights. Consider the information from the text above and your professional knowledge.

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