Posted on 06/03/2018 9:59:25 AM PDT by antidemoncrat
I wonder if he was reading his bible the day he raped his 15 if I student?
Sooo...he may have been fine if he HAD NOT chosen a Bible?
a court deciding what practices of a church are ‘mandatory religious practices’... is engaged in the “establishment of religion”.. in violation of the First Amendment’s anti-establisment clause.
it is not up to the state (court) to decide what is, are “mandatory” religious practices for any particular church or individual citizen, and what is, are not.
Don’t ask me. I have been in over 120 prisons in 15 states. Most of them i toured, the SHU unit (lock-up, segregated housing, what people think of as solitary). Bibles are often donated to prisons by local people and churches. Most places i went to, inmates had bibles or korans as one of their two choices.
When prisons make these kind of decisions to not allow bibles, they are asking for a judicial beat down. You’d think they have more important issues to deal with.
When you get convicted of raping your students you lose some rights ...
correction lock up is usually 23 hours a day. They have to give them 1 hour of large muscle exercise.
you lose your liberty for awhile if sent to jail, and you lose your franchise for certain crimes, yes.
do not lose your freedom of religion, however.. at any time in USA
Perhaps the should also provide him with 15 yo virgins?
Allowing a prisoner to have a gun would negate the purpose of the prison, so no. The Fourth protects against “ unreasonable searches and seizures” - and a prison guard insisting on an anal cavity search for his jollies would be unreasonable. But an anal cavity search done for REASON would be permissible.
A prisoner in solitary confinement cannot attend worship services without breaking solitary - so no, he doesn’t get to go to church. But one can maintain solitary confinement while allowing the prisoner to read the bible - so yes, he retains the RIGHT.
Your RIGHTS do not end in prison or in the military, although both may require intruding in those rights to accomplish the mission. That intrusion should be the minimum needed to attain the goal, not a total rejection of any right!
hey, that sounds like a great idea...where do I sign up?
His rights ended when he was convicted of raping a child.
What’s the root word “penitentiary”?
“do not lose your freedom of religion, however.. at any time in USA”
Do Rastafarians in solitary confinement lose their religious right to smoke marijuana?
>>What’s America coming to when neither Wardens, judges or appeal courts recognize the value of an inmate reading the bible.
*******************************************************
Communist Red China
if the prison is gonna deny anybody their religious rights, the prison has to AT LEAST (please see footnote below) demonstrate several things first,
viz, per the Turner v. Safley case (which many of us believe to be far too restrictive of religious rights...):
1. Is there a valid connection between the regulation restricting a religious practice and a legitimate correctional interest?
2. Are inmates allowed other ways of exercising their right?
3. How much will allowing the inmates to exercise their right affect others in the correctional facility?
4. Are there available alternatives that accommodate both interests?
-————note: denying a person his Bible would patently flunk this test at the very first stage, No. 1 above.
footnote: The court overruled (on other grounds) a subsequent law (the Religious Freedom and Restoration Act of 1993) which had restored or expanded religious rights beyond the level recognized by the Turner case, above. Since then, we have another law (the Religious Land Use and Institutionalized Persons Act of 2000), seeking to further restore or expand religious rights beyond the Turner standard, above.
But at any event, denying someone his Bible is clearly violative of both the Constitution and the Turner standard, such as it is. A prisoner reading his Bible by himself causes no burden nor threat to the prison system. (Indeed, imho anyway, reading the Good News could do some good...)
Best,
fhc
“I have been in over 120 prisons in 15 states.”
That’s a fine example of a Revolving Door Prison System.
I thought after a certain number on convictions, offenders were given life sentences.
please kindly see my very recent post on this thread wherein I lay out some of the law on this topic, thanks
smoking grass in a confined space could arguably (?) place some kind of “burden” on the prison system (at least, on its ventilation system?) but it would appear to pose no threat ..... perhaps the prison could let them smoke out in the open air, exercise yard instead.. that would seem in the spirit of the (restrictive, imho) Turner test...
best,
It will likely be overturned on appeal. The state has to show some compelling custodial reason to deny the bible, e.g. Custody safety, security or maintenance of order.
CC
What about hustler magazines?
that’s even better than Bibles, sign me up!
/s
....there’s a long-standing “mantra” in corrections work against allowing porno (except for the guards...) and I suppose a judge would not “politically” want to order a prison to provide it... courts have said that the government may sometimes decide when a “religion” is a “farce”....
(this kind of ruling patently violates the anti-establishment clause but one could argue its a necessity, nonetheless)....
so that a court could rule that a “religion” requiring Hustler magazines instead of Bibles would be a “farce”
.....may that court declare similarly for the far, far more offensive and DANGEROUS Korans! But, it won’t happen....alas.....
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