What Are Your Rights as a Prisoner?
Posted April 18th, 2017 by bhuertas.
If you are arrested and are charged with a crime, it’s important to know your rights as a prisoner. You have the same rights as all American citizens under the Constitution and you should know if the treatment you or a loved one in prison is receiving is legal.
Here are a few basic prisoner rights that you should be aware of:
- Pre-trial detainees (those who are awaiting trial but did not make bail) have the right to be housed inhumane facilities. In addition, these detainees cannot be punished or treated as guilty while waiting for their trial.
- As an inmate, you have the right to be free of inhumane conditions. Under the Eighth Amendment of the Constitution, living in terrible conditions can be considered as “cruel and unusual” punishment. This means that any punishment that violates a person’s dignity may be found as cruel and unusual punishment.
- Sexual crimes, including sexual harassment, is in violation of a prisoner’s rights.
- As an inmate, you have the right to complain about the conditions of the prisons and the treatment you receive. In fact, you can go to court if these complaints are ignored or you are retaliated against. However, you need to exhaust all internal prison procedures before filing a lawsuit.
- If you are disabled, you do have the right to assert the rights that fall under the Americans with Disabilities Act. This means you should be included in any prison programs or facilities that you are qualified and can participate in.
- You have the right to receive medical care and attention, even mental health care. In addition, this type of health care should be “adequate.”
- Depending on your status, you can retain certain First Amendment rights. For example, you don’t have the right to the press. However, you do have the right to religion.
- Racial segregation in prisons, except when necessary to preserve security, is illegal.
- If you are the subject a disciplinary investigation, then you must be notified in advance.
- Although your privacy is limited in prison, you are entitled to be free of any deprivation of your personal property.
If you or a loved one is in jail awaiting trial, consider obtaining a bail bond. Contact Andrew Pizzo Bail Bonds today and get your loved one free.