Understanding Inmates' Rights (Essay Sample)

Understanding Inmates' Rights
Student’s Name
Institution
Course
Date
Understanding Inmates' Rights
To understand the inmate's limitations and rights while incarcerated, we have to acknowledge that the operation and formation of prisons and the rights of inmates are governed by state legislation and federal laws. Despite the fact inmates do not have full constitutional rights, they are protected by the Eighth Amendment's prohibition on unusual and cruel punishment. Inmates must also be supplied with a minimal standard of living in order to be protected. For example, in Brown v. Plata, the Supreme Court upheld a court-ordered population restriction in California jails that were in violation of the Eighth Amendment. In any case, inmates maintain some fundamental rights, such as access to the parole procedure and due process in administrative appeals. In addition, the first, fourth, and Eighth Amendments protect inmates; this implies that inmates have the right to freedom of speech as long as it does not interfere with their status as inmates.
The First Amendment as it pertains to inmates
The rights of inmates under the First Amendment are severely limited in US law. When it comes to prisoner speech allegations, the Supreme Court has shown a strong aversion to second-guessing prison officials. For example, Turner v. Safley established a four-factor standard for deciding whether a prison rule violates constitutional rights, allowing prison officials to implement restrictions with good justification. When employing the criteria, lower courts have dismissed a wide range of free expression arguments. They have maintained limits on typewriters, telephones, magazine and newspaper subscriptions, as well as incoming mail. Inmates have the right under the First Amendment to be present while their legal mail is opened. The Court examines the speech claims of inmates with greater attention when it comes to legal letters. The unrestricted flow and privacy of all correspondence between a counsel and his prisoner have been a source of "heightened concern" for federal courts. When prison authorities examine their lawful mail, prisoners have a well-established First