Can prison sherriffs take an inmate

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Can prison sherriffs take an inmate

into custody if they are not sure that he did anything wrong

Asked on May 8, 2009 under Criminal Law, North Carolina

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you are asking if prison guards can take an inmate into a more secure part of the jail, without first proving that the inmate did anything wrong, the answer is yes.

Inmates in a jail do not have the same civil rights as ordinary citizens. The guards have the right to do what is necessary to make sure they are safe and that the prisoners do not escape or start a fight, and ask questions later.

The inmate does have some rights, and he cannot be put in solitary (other than on a very short-term basis) without some sort of hearing, in most states.  At the same time, however, a prisoner discipline case does not need to be proved beyond a reasonable doubt, because it is not a criminal trial.


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