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Sep 29, 2023 · Overview. The Special Litigation Section works to protect the rights of people who are in prisons and jails run by state or local governments. If we find that a state or local government systematically deprives people in these facilities of their rights, we can act.
The Court described its role in protecting the constitutional rights of prisoners in a 1972 case: Federal courts sit not to supervise prisons but to enforce the constitutional rights of all ‘persons,’ which include prisoners.
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As a result, the Mandela Rules provide States with detailed guidelines for protecting the rights of persons deprived of their liberty, from pre-trial detainees to sentenced prisoners.
Far too many prisoners are held in conditions that threaten their health, safety, and human dignity on a daily basis. Tens of thousands of prisoners are held in long-term isolated confinement in “supermax” prisons and similar facilities.
The ACLU’s National Prison Project fights to protect the Constitution’s guarantee that individuals who are incarcerated retain basic rights, including the right to free speech, the freedom to practice their religion, and the right to access the courts and counsel.
Learn more here about your right to be protected against discrimination and abuse in prison and what to do if your rights are violated. The law is always evolving. If you have access to a prison law library, it is a good idea to research new developments.
Nov 14, 2016 · This article provides a primer on prisoners’ federal constitutional rights; it does not encompass federal or state statutory rights, nor does it address rights arising under the 50 different state constitutions.
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