•  
  •  
 

Keywords

communicable disease, state prisons

Abstract

Control over the spread of communicable diseases in prisons is a particularly important goal. The prison setting compounded with the high incidence of disease among entering inmates creates a potent combination for the spread of communicable diseases, such as AIDS and tuberculosis. Insufficient state legislation and unresponsive prison administrators have forced prisoners to seek federal judicial relief. However, federal courts have been reluctant to intervene due to the state interests of federalism and separation of powers. The prohibition against cruel and unusual punishment is not limited to specific acts directed at selected individuals, but is equally applicable to general prison conditions that violate standards of decency. Thus, federal courts are permitted to judicially intervene in this arena. Courts should use nonpolitical model standards to guide themselves and legislatures in establishing health norms. Intake screening, record keeping, educating the prison population, periodic exams and hygiene enforcement are examples of such models, which should be utilized.

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.