Friday, September 30, 2022

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Rights of Pretrial Detainees.

Pretrial detainees retain at least those constitutional rights that are enjoyed by convicted prisoners. The Due Process Clause prohibits punishment of pretrial detainees and protects them from excessive force that amounts to punishment. To determine whether a particular restriction imposed on a pretrial detainee comports with due process, a court must determine whether the restriction is punitive or reasonably related to a legitimate, nonpunitive governmental purpose. Courts should typically defer to prison officials when determining whether a particular regulation is reasonably related to a legitimate interest other than punishment. The Supreme Court has held that neither blanket prohibitions on contact visits for pretrial detainees nor routine visual body-cavity searches after contact visits violate the Constitution. Furthermore, neither double-celling nor random "shakedown" searches of detainees' cells violate due process. Finally, a pretrial detainee cannot be forcibly administered anti-psychotic drugs unless the drugs are medically appropriate, important, and necessary.


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