Can prison sherriffs take an inmate
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 14 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.