A Study on the Prisoner Rights Litigation
Date Issued
2011
Date
2011
Author(s)
Wu, Chia-Lin
Abstract
The Prison Act in the Repbublic of China (R.O.C) was enacted in 1945. Although the Prison Act has amended several times, it doesn’t allow prisoners in the R.O.C the right of access to the court until now. The Judicial sytem in R.O.C refused to review prisoner complaints regarding conditions of confinement as well.
The United States passed The Prison Litigation Reform Act of 1995 (PLRA) in 1996, which amends and supplements the U.S. Code in a number of ways in order to restrict and discourage litigation by prisoners. This article introduces the prospective relief provisions, the exhaustion of administrative remedies provisions, the three strikes provisions, the emotional injuries provisions, and the in forma pauperis provisions. However, as we don’t share the same historical backgrounds (the inmate litigation explosion) with the United States, the provisions mentioned above may not be the answer to our legal system.
On the other hand, in order to facilitate the rehabilitation and resocialization of inmates, with due regard to their humanity, Japan began their reforms of the penal systems. The Act on Penal Institutions and the Treatment of Sentenced Inmates which focuses on the treatment of sentenced inmates was approved at the Ordinary Session of the Diet in 2005, and the Act for Partial Revision of the Act on Penal Institutions and the Treatment of Sentenced Inmates which stipulates the treatment of unsentenced inmates was approved at the Ordinary Session of the Diet in 2006. The enforcement of the Act changed the title from “the Act on Penal Institutions and the Treatment of Sentenced Inmates” to “the Act on Penal and Detention Facilities and the Treatment of Inmates”. The Prison Law in Japan then had been totally revised for the first time in nearly 100 years.
To sum up, while prisoner rights may be restricted by the facility and particular state of incarceration, prisoners do not lose their constitutional rights when they are incarcerated. The reform of our Prison Law should be done right away.
Subjects
prisoners’ rights
prison conditions
the hands-off doctrine
the Prison Litigation Reform Act
the Act on Penal Institutions and the Treatment of Sentenced Inmates
Type
thesis
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