I'm writing a paper on an ethical situation where an inmate asks a prison guard to mail a letter after their mail privileges where taken away. I was under the impression that because the inmate is allowed to participate in their legal defense throughout the appeals process and mail would be an integral part of this, that this would be against the law. Is there ways around this? Or can prison officials withhold mail as a punishment?
2007-09-25 06:31:46 · 11 answers · asked by Tim w 1 in Politics & Government ➔ Law & Ethics
Communication with your attorney is a privilege they can not take away.
Your personal mail privileges can be limited as a form of administrative punishment, but any letters from or to an attorney would have to be delivered.
2007-09-25 06:36:55 · answer #1 · answered by trooper3316 7 · 3⤊ 0⤋
Well clearly he wasn't being a model prisoner or he wouldn't have had his mail privileges take away. The few cases that I've had personal knowledge of, is that the Defendants were writing the victims on their cases, (which they were not suppose to do, under their sentence). So there mail privileges were taken from them. But,, if your referring to contact with their attorneys, then that's a little different. I don't know if there is any case law on the subject, but its a great question.
I did some research, and here's a brief summary of some of what I found.
Prison administrators cannot unreasonably restrict or censor a prisoner's outgoing mail. In 1974 the Supreme Court, in Procunier v. Martinez, 416 U.S. 396, 94 S. Ct. 1800, 40 L. Ed. 2d 224, ruled that the California Department of Corrections could not censor the direct personal correspondence of prisoners unless such censorship was necessary to further important interests of the government in security, order, and rehabilitation. The Court also held that a procedure must be established to determine that censorship, when appropriate, is neither arbitrary nor unduly burdensome.
Unreasonably being the word lol. Again, great question, so I'm gonna look into it more. If ya find out anything let us know!
2007-09-25 06:50:32 · answer #2 · answered by ~Jen~ 4 · 0⤊ 0⤋
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2016-06-03 00:48:25 · answer #3 · answered by Sandy 3 · 0⤊ 0⤋
The prison Warden makes a decision if and whilst a prisoner gets mail . each little thing that is going on in a federal prison is under the Warden`s authority ! in the experience that your boyfriend is a troublemaker , the Warden might have desperate he gained`t be receiving ANY mail ! The Warden is the wonderful authority in a detention center , and can get rid of any privileges he needs ... legally ! Maye he`s even had your boyfriend put in solitary ? You don`t get mail in he "hollow" ...........-
2016-11-06 08:29:12 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I would imagine that the prison could legally withhold any mail not from his attorney. I'd think it would be illegal to keep the inmate and his attorney from communicating, but that the prison could restrict communications with friends, associates or family members as a punitive measure.
2007-09-25 06:36:48 · answer #5 · answered by Teekno 7 · 2⤊ 0⤋
Communication as such, including mail can not be withheld as a form of punishment. That is illegal as per Supreme Court Rulings and multiple States Courts rulings. You can not be held incommunicado for any reason; unless you are being held as a domestic terrorist.
Legal mail can never under any circumstances be withheld.
That violates a whole plethora of rulings as well.
But the tricky part is PROVING that it is being withheld as a punishment.
2007-09-25 06:49:09 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Prisoners have no rights. Mail, like a drivers license, is not a right it is a privilege. Unless the mail is to or from your attorney, that privilege can be taken away if you screw up.
2007-09-25 06:39:08 · answer #7 · answered by Anonymous · 1⤊ 1⤋
Mail from/to the attorney of record, and mail from/to the religious adviser of record would be allowed. All other mail can be stopped for cause.
2007-09-25 06:41:12 · answer #8 · answered by oklatom 7 · 1⤊ 0⤋
Sending and receiving mail is not integral to the appeal process.
Any correspondence that needs to be sent can be sent by the inmates lawyer.
2007-09-25 06:39:45 · answer #9 · answered by Anonymous · 1⤊ 1⤋
that prisoner decided to break the law because he thought he had the right just because it was him that did it.
he has no rights until he gets out of prison.
stop breaking the law and start showing respect for people instead of wanting everybody else to show respect for you.
2007-09-25 06:36:11 · answer #10 · answered by vern7us 3 · 0⤊ 3⤋