Answer to Question 1
Prisoners get rights from many places. The U.S. Constitution is the principal source of prisoners' rights. Specifically, the body of the Constitution and the first 10 amendments are the main sources of procedural law. Statutes may award rights to prisoners beyond those granted by the U.S. Constitution or state constitution. Statutes are written in more specific terms and can be federal or state. Legal precedent refers to previous court decisions that affect future court decisions. Civil rights are rights that have been guaranteed by the government. Federal civil rights are laws that protect against the denial of an individual's civil rights based on race, sex, age, religion, national origin, physical limitation, or previous condition of servitude. Sometimes, inmates have to file federal civil rights lawsuits to make sure these rights are not violated. Writs of habeas corpus have been called the great writ of liberty.. They permit a federal judge to find a due process violation sufficient enough to overturn the judgment of state judges and jurors.
Answer to Question 2
The hands-off doctrine is the idea that persons sentenced to prison are not entitled to the same constitutional protections they enjoyed before conviction. Correctional administration was a technical matter best left to experts rather than to the courts. The doctrine suggests that society as a whole was apathetic to what went on in prisons, and most individuals preferred not to associate with or know about offenders. The doctrine also suggested that prisoners' complaints involved privileges rather than rights.
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