ABSTRACT

This chapter focuses on the discussion on prison inmates. The issue, then, becomes whether there are any civil rights of the inmate that could ground treatment and rehabilitation as a mode of punishment in a system of rights. The leading idea in all the cases is that interference with rights or restriction of rights, insofar as people are concerned with the convicted person, is something that is itself determined by law. It is a provision in a statute that determines which rights will be restricted, on the part of the convict, and to what degree. Imprisonment, the penalty are chiefly concerned with, is not merely confinement. Rather, it involves removing the convicted person to a prison setting, often for a substantial period of time. In a system of rights, inmates are persons who had, before conviction, the full range of rights of any citizen or person in the society and who retain, even while in prison, many rights.