The Basic Prisoners’ Rights, Explained

Convicted felons aren’t privy to the same rights as non-convicted citizens after release. A felony conviction results in the loss of voting rights, the right to leave the country, the right to own a firearm, and more.

You may think people in prison must give up all of their rights. For example, inmates don’t have the right to privacy. Prison guards can perform unwarranted searches of inmate cells and seize any contraband found therein.

Yet, prisoners do still have rights. Basic prisoners’ rights include the right to live in humane conditions and protection against cruel and unusual punishments. That’s not all though.

So, do prisoners have rights? Yes, and we’re about to talk about all of them next. Keep reading for everything you need to know about prisoners’ rights to protect yourself or a loved one while behind bars.

The Right to Protection Against Cruel and Unusual Punishment

The Eighth Amendment of the US Constitution protects all people against inhumane treatment. This right still applies when you’re in prison.

The Constitution defines inhumane treatment as anything that constitutes cruel and unusual punishment. Over the past few centuries, the Supreme Court has clarified that cruel and unusual punishments include:

• Burning someone alive
• Beheadings and dissections
• Disemboweling
• Drawing and quartering

Of course, most of these practices aren’t used today. The Supreme Court also leaves an opening for other cruel and unusual punishments not listed here to further protect the rights of prisoners.

One important example is an inmate’s right to be free from excessive force, except when trying to keep order. Prison officials cannot legally use excessive force against prisoners or use force with the intent to cause harm.

Prison officers must also protect inmates from assault by other prisoners. If a prison employee knows about a potential assault on a prisoner, it’s also a crime to withhold that information or to fail to prevent the assault.

The Right to Be Free of Sexual Harassment

Prisoners have the right to be free from sexual harassment and other sex crimes. As with assault and excessive force, this right includes crimes perpetrated by inmates and prison employees.

The Right to Complain About Prison Conditions

Inmate rights include the ability to complain about prison living conditions. You have the right to complain to prison officials and you also hold the right to complain to courts.

If you’re punished for voicing complaints about prison conditions, this is a crime.

The Right to Medical Care and Mental Health Treatment

If you’re injured, fall ill, or suffer a mental health crisis while behind bars, you have a right to care. You also have a right to seek and receive treatment.

This right comes with a caveat, though. Prisons aren’t required to provide care beyond the minimal treatment necessary. Treatments must only keep prisoners “reasonably comfortable.”

For example, there are many novel therapeutics designed to help cancer patients live longer. Inmates likely wouldn’t receive these therapeutics. Their treatment plan would involve keeping them comfortable, not extending their lifespan, or eliminating the cancerous cells.

The only exception to this is for pregnant inmates. Women in prison do have the right to an abortion as well as pre-and post-natal care. In some states, pregnant prisoners also have the right not to be chained during or after labor.

The Right to Reasonable Accommodation for Inmates With Disabilities

The American Disabilities Act specifies that people with disabilities have certain rights to reasonable accommodations. If you’re a prisoner with a disability, this right also applies to you.

A reasonable accommodation is defined as an adjustment to living conditions that makes it more suitable for disabled persons. The accommodation is meant to ensure people with disabilities get equal access to facilities as non-disabled people.

Like your right to access medical and mental health care, prisons don’t have to go above and beyond to accommodate your disability. Instead, they’re only required to provide “the best available” accommodations.

The Rights to Free Speech and Religion

The First Amendment of the US Constitution grants all Americans the right to speak freely and practice their chosen religion. Inmates also obtain their First Amendment rights, but only to an extent.

In general, prisoners get to practice freedom of speech and religion insofar as it doesn’t interfere with the prison’s order, discipline, or security.

You may wonder: if inmates have the right to free speech, why can prison officials read their mail? Prisons have the right to screen your mail for potential messages that could interfere with the facility’s order, discipline, or security.

The Right to Be Free of Discrimination

All humans have the right to be free from discrimination, and prisoners are no different. It is a crime to discriminate against inmates based on race, ethnicity, religion, or age.

Prisoners are also protected from discriminatory policies, rules, and practices. For example, if a prison policy infringed on your right to practice your religion, the prison must prove the policy is compelling or else grant you your right.

Have Your Prisoners’ Rights Been Violated?

Prisoners’ rights protect inmates from many of the same violations as regular citizens’ rights. You have the right to be free from cruel and unusual punishments, sexual harassment, and discrimination.

As a prisoner, you’re also protected when you complain about prison conditions, need physical or mental health care, have a disability. And you can also practice free speech and religion without fear of retaliation.

If your rights are violated, you need to call a prisoners’ rights attorney. Or keep scrolling our website for more valuable advice about your rights when you’re behind bars.