Fifth and Fourteenth Amendments address the Due Process Clause. The Fifth
Amendment states that no one should be “deprived of life, liberty or the
property without due process of law”; the Fourteenth Amendment states the same
clause in regards to the due process, however, focuses to describe the state’s
legal obligations. The Fourteenth Amendment was extended by five rights that
were specifically granted to inmates. The five of these rights include the
notice must be provided to the inmate within 24-hours of being charged.
A statement in
regards to the evidence used to help in disciplinary action should be written.
Unless a threat
is posed to the safety and security of the institution, the inmate is allowed
to not only call witnesses, but can also present evidence in their own defense.
If an inmate is
incompetent, counsel will be provided to ensure an adequate case.
board of the prison has to be impartial.
I believe that these rights were extended to inmates
because of the 1974 supreme court case Wolff
v. McDonnell. Filing a class action lawsuit, a Nebraska inmate claimed that
the prison violated the inmates Due Process Clause protected by the Fourteenth
Amendment. The court declared that the Nebraska Penal and Correction center did
in fact violate the Due Process Clause. The Supreme Court ruled that although inmates
should not be allowed all the protections within the clause, they are entitled
to the five rights provided above; these rights were established as a result of
this specific case. While an exact number was not provided in regards to how
many inmates were being “abused”, I do believe that there was a rather large amount
of inmates whose rights were being violated considering that the respondent
filed the case on behalf of himself, along with his fellow inmates. Inmates are
furthermore provided with the necessary rights that help to protect their