When is a prisoner's constitutional rights diminished when they are held in prison?

California, United States of America


The following excerpt is from People v. Superior Court (Hamilton), 230 Cal.App.3d 1592, 281 Cal.Rptr. 900 (Cal. App. 1991):

Although a prisoner's rights are diminished, the prisoner is not wholly stripped of constitutional protections when imprisoned for crime. (Wolff v. McDonnell (1974) 418 U.S. 539, 555, 94 S.Ct. 2963, 2974, 41 L.Ed.2d 935.) Prisoners retain rights under the due process clause, including the right to be heard by an impartial disciplinary committee. (Id. at pp. 556, 570-571, 94 S.Ct. at pp. 2974, 2981-2982.) However, prison disciplinary proceedings are not part of a criminal prosecution, and the full panoply of rights due a defendant in such proceedings does not apply. (Id. at p. 556, 94 S.Ct. at p. 2974.)

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