The gamecock. (Columbia, S.C.) 1908-2006, February 19, 1973, Page Page 11, Image 11
Prison reform
aim of new book
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A new book by two USC School
of Law professors possibly will
affect prison reform in this country.
Titled "The Emerging Rights of
the Confined," the book is largely
written and researched by associate
professors William S. McAninch
and Eldon D. Wedlock. It was com
missioned by the S.C. Department
of Corrections and paid for by a
grant from the National Institute of
Law Enforcement and Criminal
Justice.
The book is aimed primarily at
correctional administrators across
the country and is an effort to
explain to them what is happening
in the field of prisoners' rights, and
what the administrators can do to
adapt to change.
Says Wedlock, "Our hope is that
it will generate some understand
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ing of what their obligations are
under the new interpretations of the
law, and that administrators will
implement reforms on their own
initiative--reforms which the courts
will demand of them. They may
have to rethink their regulations
and prove why these regulations are
necessary. This would save the
taxpayer the expense of lawsuits
(on the part of prisoners) in which
the taxpayer often has to pay the
cost of both sides. The book may
also be used as a tool to get legisla
tures to re-examine the need for a
higher level of funding."
Wedlock explains that the
attitude of the courts toward the
rights of prisoners has evolved over
the last few years from a totally
"hands off" policy to one which
places the burden upon the prison
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administrator of proving that the
prisoners' rights are not being vio
lated.
An 1870 case describes the court's
early attitude when it said that the
"convict is a slave of the state"
-that is, he had no rights. Under new
court decisions and regulations, it
is presumed the prisoners has
rights and the prison administrator
has the burden of showing that the
restriction of a right is justified by
some statewide interest.
For example, formerly the cen
sorship of prisoners mail was
routine-such as the turning back of
letters to newspapers complaining
of conditions. Officials could also
turn back certain publications
mailed to the prisoner.
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