![]() Pregnancy – If a prisoner is pregnant, they are guaranteed the same autonomy of choice that is afforded to all citizens by Roe v.This doesn’t just mean that a prisoner can read a book of faith while in their cell this covers diet restrictions, right to attend religious services within the prison and observing any holy days, such as the Sabbath. Disability – The Americans with Disabilities Act is a right of prisoners and detainees as well, not just citizens, particularly as it relates to accommodations.Wade. If they are told what to do in this regard, denied prenatal care or forced to pay before receiving such care, it’s a violation of their rights. If a prisoner wants to show that their Eighth Amendment rights were violated, they must show that three things occurred: 1) the conditions of the confinement are objectively serious enough to justify Eight Amendment 8 scrutiny 2) the responsible prison official had a “sufficiently culpable state of mind ” and 3) prison officials failed to act. This is not an “or” situation all three of these things must have happened in order prove violation of Eighth Amendment rights. These types of rights really started to be expanded upon in the 1960s. Prior to that point, it was understood that prisoners were considered “ slaves of the state,” which was a provision specifically noted in the Thirteenth Amendment. ![]() Prisoners have also been routinely denied any protections under the Fourth Amendment, mainly due to cells providing “no expectation of privacy.” However, the aforementioned laws that have been instituted in the last 50 years clearly negate this notion. ![]()
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