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What US Supreme Court case began the dismantling of the hands-off doctrine?
Wiki User
∙ 14y ago
The hands-off doctrine was a 19th-century construction that derived from the Supreme Court's ruling in Pervear v. Massachusetts, 72 US 475 (1866), which held that prisoners had no constitutional rights, including 8th Amendment protection from cruel and unusual punishment. The court also ruled the Bill of Rights didn't apply to state cases. This doctrine precluded the courts from intervening on the prisoners' behalf, except to free those who were illegally incarcerated.
Convicts rights were further undermined in Ruffin v. Commonwealth, 62 Va. (21 Gratt) 790 (1871), when inmates were formally declared "slaves of the states."
This anti-Federalism rule wasn't successfully challenged until the 1960s. In Jones v. Cunningham, 371 US 236 (1963), the Court opened the door to restoring limited rights when it determined prisoners should be allowed to petition for a writ of habeas corpus.
The Court extended a degree of 8th Amendment protection against cruel and unusual punishment in Robinson v. California, 370 US 660 (1962), when they ruled that a 90-day prison sentence was excessive punishment for the crime of "using" drugs or being under the influence of a controlled substance.
In Cooper v. Pate, 378 US 546 (1964), the Supreme Court held that prisoners could bring Section 1983 federal Civil Rights suits against prison officials once they had exhausted their grievance claims in the state courts. The Justices further held that the District and Circuit courts had erred in denying the inmate access to the courts, a decision that is considered to have effectively ended the hands-off doctrine.
Prisoners gained incrementally more rights during the late 60s and 70s, but are not guaranteed full constitutional protection. For example, the Supreme Court upheld or partially upheld challenges to restrictions of First Amendment freedom of speech and freedom of association. They also decided inmates were entitled no Fourth Amendment protection from search and seizure.
Some constitutional rights continue to be withheld from former convicts, such as the right to vote. Most states revoke this right at least temporarily, but thirteen states impose a permanent prohibition against voting, which some groups claim is an attempt to disenfranchise African-American voters due to their over-representation in the prison population.
Wiki User
∙ 14y ago
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