Prisoners' Rights - The State-Of-Mind Requirement for Prisoners under the Due Process Clause of the Fourteenth Amendment: Daniels v. Williams and Davidson v. Cannon
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Authors
Charlton, Paul K.
Issue Date
1987
Volume
20
Issue
Type
Journal Article
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Abstract
INTRODUCTION|In 1982, almost half a million men and women were incarcerated in our nation's prisons. From within the walls of these prisons, inmates filed over 16,922 causes of action comprising over seven percent of the federal judicial civil workload. Many of these cases were made possible because prisoners retain some inalienable rights, for the Supreme Court has "repeatedly held that prisons are not beyond the reach of the Constitution."|The fourteenth amendment of the United States Constitution, which guarantees that "[n]o State shall ... deprive any person of life, liberty, or property, without due process of law, " has specifically been recognized as protecting prisoners' rights. How the fourteenth amendment is implicated has been the subject of some debate. In particular, the existence of a state-of-mind requirement necessary to invoke the due process clause of the fourteenth amendment has elicited further debate. For the large population of prisoners in the United States, this issue is particularly important...
Description
Citation
20 Creighton L. Rev. 291 (1986-1987)
Publisher
Creighton University School of Law