Even While Incarcerated, Prisoners Retain Certain Rights.
If you or a friend are facing incarceration, you may wonder what legal rights you will retain while in jail. Certain rights you will definitely lose. These include the right to a warranted search, the right to privacy, and employment rights like a minimum wage. However, other important prisoner rights remain, and the incarcerated should become educated about the nature of these.
Cruel and Unusual Punishment
While in jail, all prisoners have constitutional protection from cruel and unusual punishment. While this phrase remains vague, courts have interpreted it to mean freedom from inhumane treatment and the preservation of basic dignity.
Sexual Harassment
Additionally, prisoners have protection against sexual harassment and sex crimes. In the event of inmate-on-inmate violence, the courts designate accountability on the part of prison officials. Anyone who practices or turns a blind eye to sex-related harassment can face both civil and criminal penalties.
Health Care
All prisoners have an entitlement to basic mental and health care. This means that those diagnosed with chronic conditions will receive adequate treatment. Those that become sick while in jail have the right to basic care. This “basic care” can sometimes seem inadequate, but should accomplish its purpose. For example, a prisoner who needs a tooth filled or capped would in all likelihood receive an extraction.
At ATX Bail Bonds, we work to secure the freedom of our clients. A fair bail amount remains one of the prisoner rights in Austin, TX. However, situations do exist where a prisoner will have this right revoked. To learn more or set up bail for yourself or a loved one, give us a call today at 512.834.2245.