New York Civil Rights And Criminal Defense Lawyers

Prisoner’s Rights

Incarceration does not eliminate your human rights

You might believe that prison guards are meant to maintain order, security and discipline. And while that is the case, guards must also recognize the safety and rights of those they oversee. But in some unfortunate circumstances, prisoners suffer at the hands of those employed to maintain a civil environment. In one such case of alleged assault by a prison guard, attorney Edward Sivin of helped an inmate bring a lawsuit against New York State. And a judge from the Court of Claims at Albany recently found the state liable for the prisoner's injuries. Why a judge...

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Examining a prisoner’s visitation rights

If you are convicted of a crime, you likely want to know if you will be able to accept visitors once you are sentenced and sent off to prison. This is a common worry for prisoners, especially those who have never been to prison in the past. For some, depending on where they are sent, prison visits might not be permitted. Let's take a look at a prisoner's visitation rights. Individual prisons are allowed to place restrictions on visitations for prisoners and these restrictions do not violate the United States Constitution, according to the American Civil Liberties Union (ACLU). The Supreme...

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How to obtain medical care for a prisoner

Just because a loved one has been sentenced to prison for a crime doesn't mean that they lose their rights. One of the rights they are still entitled to is the receipt of medical care. If you believe that your loved one is not receiving the medical care they deserve while in prison, there are some steps you can take to ensure this changes. Contact your loved one's physician who operates outside of the prison. They might be allowed to visit your family member in prison if their condition is serious enough. If visits from the doctor are not allowed, he or she might be able to call and speak...

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27-year-old inmate dies after medical personnel ignore her

An Alabama inmate is dead after suffering from untreated complications relating to her inflammatory bowel and Crohn's disease. According to the woman's family, medical personnel employed by NaphCare, a company that provided medical care to inmates at the Montgomery County Jail, failed to provide the woman the medical treatment that could have saved her life. According to a recently filed medical negligence and wrongful death lawsuit, the female inmate complained repeatedly about her worsening medical condition to NaphCare medical personnel. Nevertheless, medical personnel never took the...

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Fights are a danger for inmates: Was your loved one hurt?

Imagine a fight breaks out in your loved one's prison facility. Your son, daughter, husband or wife who is serving time will face a very difficult question. Should he or she fight and try to prevent him- or herself from getting hurt, but risk getting hurt or getting charged with a prison-related crime. Or, should he or she do nothing, potentially get hurt or killed and just hope for the best? Unfortunately, prison fights are not uncommon. And, as a recent incident in North Carolina indicates, those who get caught up in prison fights can suffer serious injuries. In this recent case that...

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What are my basic rights as an inmate?

You might think that once you report to your prison sentence you lose a lot of rights. And it's true. You lose your right to freedom, your right to vote and so many other privileges, but there are vital rights that you will always retain as a prisoner. Unfortunately, many prisons in New York and other areas of the United States frequently violate these rights. If you suspect that you've had your rights as an inmate violated, you may want to check to see if any of the following rights have been compromised. You may have the ability to file a legal action to demand better conditions and...

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Rikers Island jail unlawfully held prisoner for extra 8 months

Conditions in U.S. prisons can be nothing short of horrendous. Many inmates are treated with disrespect, and they are also kept in prison for longer than their sentences allow. In one recent prisoner abuse case from New York City's Rikers Island Jail, a 55-year-old inmate was falsely imprisoned for being detained at the jail 252 days more than was legally permitted. The man had already served his two- to four-year sentence following a burglary conviction. He should have been released on Feb. 12, 2015, but corrections officials did not release him until Dec. 19, 2015. He was also given an...

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People who are incarcerated still have rights

Being incarcerated isn't something that is meant to be a good time. While your loved one's freedoms are taken away, his or her right to be treated as a human and to have his or her basic rights respected remain. Unfortunately, some correctional officers tend to forget that this is the case. Some correctional officers are desensitized to the struggles of the inmates. This is understandable because of the nature of the job but it also poses a risk to the inmates. In the desensitization, there is a chance that the officers will start to see the incarcerated individuals as less than the humans...

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Prisoners’ rights: The good news and the bad news

When it comes to prisoners' rights in the United States there is good news and there is bad news. Let's start with the bad news: American prisoners do not have access to full Constitutional rights. Now for the good news: There numerous ways in which the Constitution does protect prisoners -- especially when it comes to the Eighth Amendment. The Eighth Amendment says that prisoners have the right to be free of cruel and unusual punishment. This requires that prisoners be given a minimum standard of living. Under the Supreme Case, Brown v. Plata, for example, California prisons were forced to...

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How bad are United States prisons anyway?

If you're hoping to maintain your sense of human dignity and your human rights, a United States prison is not the place where you want to be. Indeed, sadistic abuse and malicious violence are not uncommon in our nation's prison system. Reports and lawsuits have been made regarding inmates in U.S. prisons who were struck and beaten with batons. Some were hit with fists, shot, kicked, stunned, choked, sprayed with chemicals and had their heads smashed against the floor. These prisoners often suffered from broken ribs, broken jaws, missing teeth, scars from burns, emotional pain, psychological...

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