Violence in Prison
Sadly, prison violence is a regular occurrence. From inmate-on-inmate violence
to the use of excessive force by prison officers on inmates, people in
poison are often subject to brutal injury. Unfortunately, these incidents
are often not reported.
However, according to a 2009 study
titled “Contextualization of Physical and Sexual Assault in Male
Prisons: Incidents and Their Aftermath”:
- 19% of all male inmates in US prisons say they’ve been physically
assaulted by other inmates.
- 21% say they’ve been assaulted by prison staff.
study from 2021 suggests that women are also at risk of prison violence, especially
sexual violence. Women make up at least 33% of victims of staff-on-inmate
sexual assault and 22% of all victims of inmate-on-inmate sexual assault.
Additionally, news sources like
Time Magazine and
The New Republic have published more recent investigations into prison violence in America.
If you have been hurt in prison by a fellow inmate or a corrections officer,
we may be able to help you seek justice.
See our page on
Prison Violence to learn more.
Your Rights in Prison
So, what exactly are your rights? Many people think that just because someone
is behind bars, whatever happens to them while incarcerated is part of
the punishment, but that could not be further from the truth. Incarcerated
people are still people, and therefore the law has granted them specific
rights that must be upheld.
Rights available to those in prison include:
- Under the Eighth Amendment of the Constitution, Prison guards and staff
have a legal duty to protect prisoners from assault by other prisoners
as well as refrain from using excessive force themselves.
- Additionally, prison officials may be violating the Eighth Amendment if
they failed to respond to a risk they knew about as well as if the conditions
and practices of the prison have created the risk of assault.
- While officers may use force under certain circumstances in an effort to
keep order, they are NOT permitted to use force maliciously and with the
intent to cause harm.
Prison Rights page to learn more about your legal rights while incarcerated.
A Personalized Approach to Asserting Your Rights
At Myles S. Breiner Attorney at Law, we're accustomed to meeting clients
at a stressful time in their lives. In these circumstances, clients and
their loved ones want to know that their case will be handled by an attentive,
experienced legal professional that understands their concerns and how
their interests can be protected. At Myles S. Breiner Attorney at Law,
this is precisely the type of legal counsel we strive to provide every
client we take on. Our clients can expect approachable, accessible legal
counsel from our attorneys and a dedicated approach to ensuring that—at
every stage of their legal cases—the best possible outcome is aggressively pursued.
You do not have to face this uncertain time without a seasoned advocate
by your side.
Contact us today to request a free consultation with our team.