The Failings and Implications of the Prison Litigation Reform Act of 1995
| dc.contributor.advisor | Frost, Elizabeth | |
| dc.contributor.author | Foss, Julie | |
| dc.date.accessioned | 2023-09-28T20:12:49Z | |
| dc.date.available | 2023-09-28T20:12:49Z | |
| dc.date.issued | 2023-05 | |
| dc.description | 42 pages | en_US |
| dc.description.abstract | The American legal system is often viewed as a daunting institution that is inaccessible to the lay-person. The concepts behind filing a lawsuit are not widely understood. Additionally, it is commonplace to assume that the criminal litigation process is exhausted once a person is incarcerated. This mindset, although understandable, leaves those within the American Prison system widely overlooked. Every American citizen is entitled to due process of law and equal protection, and it is not uncommon for a person to file a legal claim while incarcerated. Further limiting the rights of prisoners in America for the sake of avoiding judicial overflow is a questionable approach to prison litigation reform. The goal of my research and thesis will be to analyze the politics and legal history of the American prison system. The major points will cover the political implications and intentions of the act, the legislative history that led to the PLRA’s enactment, and the implications immediately following the enactment as well as additional modern implications. The goal of this research will be to highlight the negative impacts that the PLRA has had on those within the American prison system as well as outline and analyze the legislation process that led up to the PLRA’s enactment. Federal Legislative history research as well as a literature review will aid in this process. Civil liberties and rights are often complex and thought of in a moralistic way. While morals and justice-based ideals are important in civil rights legislation, oftentimes morals are not of the highest consideration when adopting legislation. The prison system in America highlights some of the most overlooked individuals in America; in both a political sense as well as within the legal system. The implementation of the Prison Litigation Reform Act of 1995 serves as a case study to analyze how the legal system abuses people within prisons. The act itself made it more difficult for those imprisoned to legally file for relief. As a legal and political response to prison overcrowding, the PLRA showcases the government's failure to address issues directly, and instead place further burdens on those with limited legal autonomy. This research will aim to highlight the ways in which the legal system has ignored and abused those within American prisons. | en_US |
| dc.identifier.uri | https://hdl.handle.net/1794/28931 | |
| dc.language.iso | en | en_US |
| dc.publisher | University of Oregon | en_US |
| dc.rights | Creative Commons BY-NC-ND 4.0-US | en_US |
| dc.subject | prison reform | en_US |
| dc.subject | criminal justice | en_US |
| dc.subject | prison litigation | en_US |
| dc.subject | Reform Act of 1995 | en_US |
| dc.title | The Failings and Implications of the Prison Litigation Reform Act of 1995 | en_US |
| dc.type | Thesis / Dissertation | en_US |