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Prisoners' Rights in England and the United States
A. J. Fowles
出版
Brookfield, USA
, 1989
主題
Law / Administrative Law & Regulatory Practice
Social Science / Penology
ISBN
0566070839
9780566070839
URL
http://books.google.com.hk/books?id=apmPAAAAMAAJ&hl=&source=gbs_api
註釋
This book analyzes the development and current state of prisoners' rights in England and the U.S. It examines the differences in the legal and social systems that have resulted in unequal development, then discusses the provisions of the European Convention on Human Rights which can be used as a basis of comparison. In all three contexts, the main rights that are claimed rest on notions of inhuman and degrading treatment, involuntary servitude, access to courts and jurisdiction over prison matters, freedom of correspondence, freedom of religion, and property rights. In addition, two similarities between England and the United States are the judicial attitudes toward prisoners' claims and prisoners' rights of access to courts. However, English prisoners have access to a wider range of rights, because American prisoners are limited to Federally protected constitutional rights. Nevertheless, wide differences exist within the prison systems regarding how well prisoners' rights are protected. Finally, in both systems, judges have concentrated largely on procedural issues and have tended to neglect the major issues of substantive justice. (NCJRS, modified).