New York Civil Rights And Criminal Defense Lawyers

Prisoner’s Rights

Prisoners facing rising rates of violence, sexual abuse

When you have a loved one in prison, you may find yourself worrying about him or her and the treatment your loved one receives behind bars. The number of prisoners making allegations about sexual assault, harassment and other forms of abuse has risen sharply in recent years, indicating that your concerns may have merit. According to Penn State University, the number of sexual harassment and assault complaints coming from American prisoners spiked 180% between 2011 and 2015. In 2011, prisoners filed 8,768 such allegations. By 2015, this figure had increased to 24,661 allegations. In New York,...

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Incarceration populations an ongoing challenge

For a person arrested and charged with a suspected crime or multiple crimes, the fear of being put in a jail or prison is real. This may happen regardless of whether or not the defendant is convicted as many people must spend time in jail or prison while they await trial. Even though a defendant is supposed to be considered innocent until proven guilty per the criminal justice system, the realities of today's jails and prisons may not always reflect this. Overcrowding in New York jails and prisons Data from the Prison Policy Initiative indicates that in 2018, an estimated 230,000 individuals...

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Prisoner rights and taking action after they are violated

Individuals in New York and states across the nation are focused on their rights now more than ever. This goes beyond the basic rights of every citizen but also the issues that plague vulnerable populations. Whether this is minorities, women or the disabled, being mistreated and being denied certain rights is against the law. In these matters, individuals could take action for a civil rights violation. When it comes to these types of violations, many think of the citizens within the community. However, these rights still extend to those not immersed in society. In other words, rights are...

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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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Violation of inmate’s rights leads to settlement, but not justice

When a person receives a prison sentence, this does not negate his or her civil rights. In fact, as the American Civil Liberties Union points out, the U.S. Supreme Court has explicitly stated people in prison still have the same fundamental rights protected by the Constitution as those who are not incarcerated, including the right to have legal representation and access to the court system. Unfortunately, isolation, lack of resources and other barriers often prevent prisoners from asserting their rights or protecting themselves from violence or abuse at the hands of their guards. The New...

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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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Allegations of sexual abuse of prison inmates on the rise

If you, like many others, have ever had to spend time in a New York prison, you may have firsthand knowledge of the sexual abuse problem that is becoming increasingly prevalent in correctional facilities. According to ThinkProgress, somewhere between four and 10 percent of American prison inmates suffer sexual abuse while serving time, with female prisoners more likely to become victims of such abuse than males. Additionally, while more than 21 percent of female victims who suffered sexual abuse in prison did so at the hands of other inmates, about 7.5 percent of female prisoners suffered...

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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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