Through constitutional amendments and case law, the United States citizens receive privacy protections. These same protections do not exist for individuals incarcerated in prisons and jails. Instead, their privacy rights are regularly replaced by larger institutional concerns for security, safety, and control. Such privacy violation measures may include electronic surveillance, recording of phone calls, opening/reading of mail, and searches of their person, cell, and property. Although it is expected that incarcerated individuals have fewer privacy rights than nonincarcerated citizens, some privacy violations may be perceived as procedurally unjust due to their severity and infringement upon incarcerated individuals' rights to dignity and respect. This has implications for the well-being of incarcerated individuals, the legitimacy of correctional officers, and as a result, the potential safety and security of institutions. K E Y W O R D S jail, prison, privacy violations, procedural justice, surveillance 1 | INTRODUCTION Unlike other countries, the United States has no federal protections for privacy within its constitution. It is through case law, mostly based on constitutional amendments, that the population within the United States receives privacy protections. These same privacy protections do not exist for incarcerated individuals or for previously incarcerated individuals living under community supervision. Instead, their privacy rights are regularly replaced by larger justice-related concerns for security, safety, and control. Within corrections, for example, these goals are achieved via electronic surveillance, recording of phone calls, opening and reading of mail, and searches of their
In the United States, individuals incarcerated in prisons and jails do not enjoy the same privacy protections as nonincarcerated individuals. Their privacy rights are regularly usurped by larger institutional concerns for security, safety, and control. Electronic surveillance, recording of phone calls, opening/reading of mail, and searches of their person, cell, and property are just a few examples of the way incarcerated individuals have their privacy intruded upon. This guide and accompanying article explore the judicial and legislative precedents regarding incarcerated individuals' privacy, the justifications for violating incarcerated individuals' privacy, and an evaluation of the procedural justness of such violations.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
customersupport@researchsolutions.com
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Copyright © 2025 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.