Vol.14 No.26 - Corrections Digest and Washington Crime News Services - Prison Conditions: ACLU's Annual Legal Status Report

Sep 29, 2026

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Prison overcrowding is presented as the central cause behind widespread prison disturbances and persistent failures in correctional conditions. The ACLU National Prison Project reports that, under court orders tied to violations of prisoners’ constitutional rights, numerous jurisdictions are facing cruel and unusual punishment concerns under the Eighth Amendment. The report also notes additional legal challenges pending in other states and highlights a call for long-range criminal justice policy using alternatives such as probation, community services sentencing, and victim restitution.

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CategoryHealthcare

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Pages11

Reading Time28 min

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Prison Conditions: ACLU's Annual Legal Status Report

Status Report: The Courts And Prisons

States Under Court Decrees or Pending Litigation

Vol.14 No.26 December 14,1983 ## ACLU Annual Round-Up... NEW REPORT ON PRISON CONDITIONSSHOWS MORE TRAGEDIES POSSIBLE Our nation is facing a crisis in its prisons dueto serious overcrowding,Alvin J.Bronstein,executivedirector of the American Civil Liberties Union(ACLU)National Prison Project said on Dec.5. Studies on prison problems conducted since the1972 Attica uprising reveal that the root cause ofmost prison disturbances-as well as the currentcrisis in corrections-is overcrowding,he added. Thirty states,the District of Columbia,PuertoRico,and the Virgin Islands are operating prisonsunder court orders because of violations of the con-stitutional rights of prisoners,according to the annualreport issued by the National Prison Project.Eachof these orders has been issued in connection withtotal conditions of confinement and/or overcrowd-ing which resulted in prisoners being subjected tocruel and unusual punishment in violation of theEighth Amendment to the U.S.Constitution. The Project's annual Status Report revealedthat,in addition,legal challenges to major prisonsare presently pending in 10 other states and thereare two states-Arkansas and Wyoming-whichhave been relieved from prior court orders. Bronstein said in releasing the report:“Onceagain,our annual survey shows the continuing problemof prison overcrowding and uncivilized conditions inthose facilities when almost two-thirds of our stateshave been found to be violating the most fundamentalof our constitutional rights-the right to be free fromcruel and unusual punishment." Page 1 IN THIS ISSUE· PRISON CONDITIONS:ACLU'sAnnual Legal Status Report.........1 FREE REPORT:You Need This One!.....5 ANALYSIS:Some Reasons WhyThere're Problems With CJ Legislation .. ..5 CAPITOL HILL:LegislativeRound-Up Shows Little Activity.......7 CJ ABSTRACTS:Wants Literature Reviews ...8 PENNSYLVANIA:Inmate-Led CultMixes Sex,Religion,Child Abuse.......9 OJJDP:Will Test Privately RunCorrectional Institutions For Juvenile Offenders..10 BRITISH COLUMBIA:Faces ProblemsWith Inmates In Provincial Jail........10 HAPPY HOLIDAYS AND BEST WISHESFOR THE NEW YEAR FROM THE STAFFOF CORRECTIONS DIGEST AND WASH-INGTON CRIME NEWS SERVICES. The National Prison Project does not,however,support construction of additional prison space asa simple answer to the overcrowding problem,Bronstein said.It urges the formulation of a national,long-range criminal justice policy which would in-clude,among other things,probation,communityservicesentencing,and victim restitution as alterna-tive forms of punishment. Status Report:The Courts And Prisons States are listed in which there are existing courtdecrees,or pending litigation,involving the entire stateprison system or the major institutions in the state andwhich deal with overcrowding and/or the total conditionsof confinement.Also included are states which have beenrelieved from prior court orders(does not include jailsexcept for D.C.).Asterisks indicate states where the ACLUis involved in the litigation. 1.Alabama:*The entire state prison system is undercourt order dealing with total conditions and overcrowding.Pugh v.Locke,406 F.Supp.318(M.D.Ala.1976),aff'd insubstance,Newman B.Alabama,559F.2d 283(5th Cir.1977),cert.denied,98 S.Ct.3057(1978);Raceiver appointed,466 F.Supp.628(M.D.Ala.1979).To relieve overcrowding andback-up of state prisoners in county jails,400 state prisoners(number later modified)were ordered released.Newman,supra,Slip Op.(M.D.Ala.,July 15,1981),application forstay denied,No.81-7606(5th Cir.,July 23,1981),staydenied,Graddick v.Newman,102 S.Ct.4(1981).A secondprisoner release order was issued,Newman,supra,Slip Op.(M.D.Ala.,December 14,1981);a stay was granted,theorder was thereafter vacated,Newman v.Alabama,682 F.2d 1312(11th Cir.1982),cert.denied.The district courtentered an order establishing a four person committee tomonitor compliance with previous orders(1/13/83).Afurther release order

FAQs

What does the ACLU report identify as the root cause of many prison disturbances?

Overcrowding is described as the root cause of most prison disturbances and the continuing correctional crisis.

How are court orders related to constitutional rights in the report?

Court orders are issued in connection with total conditions of confinement and/or overcrowding, leading to prisoners being subjected to cruel and unusual punishment under the Eighth Amendment.

What alternatives does the Project urge instead of expanding prison space?

The Project urges a national, long-range criminal justice policy including probation, community services sentencing, and victim restitution.

Sep 29, 2026

Uploaded by Fahsai