Hofstra Law Review



Although a prisoner has been duly tried, convicted, and sentenced, he is not divested of all constitutional rights after the prison gates close behind him. Except to the extent that the recision or restriction of certain rights is a necessary concommitant of incarceration, justified by considerations underlying the penal system, all other constitutionally protected rights are retained in prison. When these rights are violated by conditions of confinement, federal judicial review of internal prison practices may be sought by invoking one of two procedures provided by Congress for the redress of such violations.

This paper explores the emerging procedural issues confronted by state prisoners seeking vindication of their constitutional rights in the context of a habeas corpus petition and a suit under the Civil Rights Act.

Included in

Law Commons



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.