The Sydney Morning Herald
To do so is herculean; they would have to prove that prison staff intended to inflict cruelty. This initial appellate court decision is as legally stunning as it is disturbing. To focus only on the constitutional ban on cruel and unusual punishment is to miss that the Constitution also specifically protects personal privacy. The Fourth Amendment promises us all insulation from "unreasonable searches and seizures. Many state laws do the same, including in Illinois , which instructs that aside from emergencies, prison staff should not do strip searches where other people can see.
Body cavity search
Ripping up the Fourth Amendment's personal privacy protections also makes no sense from prison officials' point of view. Nine former directors of prison systems have joined the women prisoners in asking for a rehearing of their rejected lawsuit. The state of Illinois's response to the request is due next week, and then the whole court will have to decide whether to open the courthouse doors or keep them closed.
As these experts told the judges, mass strip searches are contrary to "sound correctional practice" and serve no "legitimate purpose. More than 40 years ago, the US Supreme Court ruled that the Constitution does not "stop" at the prison's gates. Since then, courts have protected prisoners' rights to practice their religion , to be married , to have medical treatment and much else.
To be sure, the Supreme Court has also concluded that prisoners lose some Fourth Amendment protections : their personal property can be searched. However, the court has never licensed prison staff to do trainings by making prisoners stand naked and put their body parts on display before a random group of onlookers.
'Archaic and ineffective': Call to ban routine strip searches of women in prison
Across the country, the everyday mistreatment of women prisoners is coming into focus. In , in its First Step Act, the US Congress mandated that the federal Bureau of Prisons give women free sanitary products and banned putting shackles on pregnant women. Yet this news is depressing as well as heartening. Opposition TDs will get day in court to make case for vote aiming to stop blocking of Bills.
Strip search film by Derry group refused grant in
Strip search film by Derry group refused grant in Film investigated treatment of women in Armagh prison, according to National Archives Fri, Dec 30, , Fiona Gartland. Letter of refusal A polite rejection followed on July 18th from the minister, saying because of the limited funds available and previous commitments, she was not in a position to help.
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