welcome to elawyers.us
Elawyers Elawyers
Ohio| Change
  1. Home
  2. Learn about Law
  3. Civil Rights
  4. Other Constitutional Rights
The Constitution provides many rights. In addition to historically vital rights against certain forms of discrimination, federal laws based in the Constitution provide the right for most citizens above the age of majority to vote. It also protects prisoners from violations including cruel and unusual punishment, and guarantees them minimal rights to privacy even while incarcerated. While these rights do not get as much attention as discrimination, they are as important, if not more, to the U.S.’s moral and political integrity. Use the resources below to learn more about the right to vote, and the rights of prisoners and other institutionalized persons.

Voting Rights

Voting is fundamental to our conception of the United States as a free and democratic country. However, for much of the country's history large numbers of citizens were not permitted to vote on account of their race, gender, or other grounds. The Voting Rights Act enacted in 1965 and extended in 1970, 1975, 1982, and 2006.

The Voting Rights Act is regarded as among the nation's most effective pieces of civil rights legislation. The Act prohibits racial discrimination in voting and establishes the right to bilingual election materials. Although the 15th Amendment of 1870 prevented state governments from denying a citizen the right to vote based on that citizen's race, color, or previous condition of servitude the constitutional amendment was largely ineffective in protecting the voting rights of minorities. The principals expressed in the amendment are repeated in the Voting Rights Act text, but the Act also provided oversight of elections, banned literacy tests and other methods for disqualifying minority voters indirectly, and created legal remedies for victims of voting discrimination.

Despite the success and popularity of the Voting Rights Act it has seen some erosion in recent years. Sections of the Voting Rights Act, particularly those that singled out problematic jurisdictions, have been allowed to lapse or found unconstitutional in recent years as no longer relevant to current conditions.

Prisoner's Rights

Those accused or even convicted of crimes still have rights under the Constitution. Some significant rights that prisoners continue to enjoy include the following:

  • Inmates have the right to be free of "cruel and unusual punishment" pursuant to the Eighth Amendment.
  • Inmates retain First Amendment rights, though they are limited to the extent necessary to preserve order, discipline, and security.
  • Disabled inmates have the right, under the Americans with Disabilities Act, to access the same programs and facilities as other prisoners.

There are many other prisoners' rights, many of which relate to due process and the ability to raise grievances relating to the conditions of their imprisonment. However, there are important limitations on many of these rights and some legislation, such as the 1996 Prison Litigation Reform Act (PLRA), have created limitations. The PLRA, for example, gave the courts the right to dismiss any prisoner lawsuit found to be frivolous or otherwise improper. Each dismissal creates a "strike" and after three "strikes" the inmate cannot file additional suits unless they pay filing fees in advance. Similarly, a judge who finds a lawsuit was filed to harass or was predicated on a misrepresentation can revoke any good-time credit accrued by the prisoner.

Read more

Recent Topics

  • Civil Rights and Voting: History and Law
    Created by FindLaw's team of legal writers and editors.

    A look at the history surrounding the passing of the Voting Rights Act of 1965. The article explains the work of civil rights activists to stop discrimination at the polls and landmark lawsuits dealing with voting rights.

  • Civil Rights of Institutionalized Persons
    Created by FindLaw's team of legal writers and editors.

    The Civil Rights of Institutionalized Persons Act (CRIPA) protects inmates from abuse, unfit prison conditions, and more. Learn about the types of institutions that must comply with CRIPA and the problems covered.

  • Federal Voter ID Requirements: The Help America Vote Act (HAVA)
    Created by FindLaw's team of legal writers and editors.

    In 2002, the Help America Vote Act (HAVA) created new voter identification requirements. This article explains who’s covered under HAVA, the types of acceptable identification, and more.

  • Federal Voting Rights Laws: An Introduction
    Created by FindLaw's team of legal writers and editors.

    An overview of the Voting Rights Act and the history behind it. Learn about the events leading up to the passing of the Act, how it relates to the 15th Amendment, and the rights protected under the Act.

  • Prisoner Rights & Resources
    Created by FindLaw's team of legal writers and editors.

    A list of resources on corrections and prisoner’s rights. You’ll find links to a number of prisoner rights organizations, including the Prison Activist Resource Center, the ACLU, and more.

  • Prisoners' Rights

    One of the founding tenants of the governing philosophy of the United States is that each person, U.S. citizen or not, is endowed with certain rights which can never be taken away from them. This extends even to people who have committed crimes serio...

  • Rights of Inmates: Basics
    Created by FindLaw's team of legal writers and editors.

    Even inmates have certain basic rights that are protected by the U.S. Constitution. This article explains those rights, including the right to be free of “cruel and unusual punishment” and more.

  • The Voting Rights Act of 1965
    Created by FindLaw's team of legal writers and editors.

    The Voting Rights Act of 1965 was enacted to help enforce the 15 Amendment’s prohibition against denying Americans the right to vote. Learn about the different provisions of the act and more.

  • Voting Rights

    The United States government is famously by the people, for the people, and of the people. This country was founded on the principle of self-governance, and the main way most people exercise their right to self-governance is by voting for the people ...

  • Voting Rights and Discrimination FAQ
    Created by FindLaw's team of legal writers and editors.

    A collection of commonly asked questions about voting rights and discrimination. Find answers to your questions about federal voting laws, the rights protected under them, and the types of prohibited discrimination.

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer