The Expansion and Contraction of Rights: Through the Eyes of Justice Marshall

Justice Thurgood Marshall served on the Supreme Court as it made its first decisions defining prisoners’ rights at the end of the 1960s. He played a key role in the expansion of rights by writing majority opinions establishing a right of access to prison law libraries (Bounds v. Smith 1977) and appl...

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Bibliographic Details
Published inThe Supreme Court and the Development of Law pp. 37 - 59
Main Author Smith, Christopher E
Format Book Chapter
LanguageEnglish
Published United States Palgrave Macmillan 2016
Palgrave Macmillan US
Subjects
Conditions of confinement
Crime & criminology
Eighth Amendment
Prison law libraries
Prison medical care
Prisoners’ rights
Supreme Court
Thurgood Marshall
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Summary:Justice Thurgood Marshall served on the Supreme Court as it made its first decisions defining prisoners’ rights at the end of the 1960s. He played a key role in the expansion of rights by writing majority opinions establishing a right of access to prison law libraries (Bounds v. Smith 1977) and applying the Eighth Amendment to prison conditions in the establishment of a limited right to medical care (Estelle v. Gamble 1976). Marshall subsequently remained on the Court as its composition changed and new justices acted to limit rights for imprisoned offenders. Marshall’s Supreme Court career illustrates the rise and contraction of prisoners’ rights within the span of two decades.
ISBN:9781137567628
1137567627
DOI:10.1057/978-1-137-56763-5_3