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The Remedies Available To State And

Federal Prisoners, Similarities and Differences

Those found guilty of committing a crime face a variety of penalties, including

incarceration, from the criminal justice system. While imprisonment is meant to be a deterrent

and a kind of punishment, it can also cause a number of problems for the individual. In order to

address these problems, state and federal inmates have over the years been provided with

remedies.

Remedies Available to State and Federal Prisoners

State and federal prisoners have legal remedies available to them to challenge their

confinement and improve their conditions. First, prisoners have access to a habeas corpus

petition, where a prisoner can request a legal process to challenge the legality of their

confinement or seek relief from unlawful detention ("Habeas Corpus: The Most Extraordinary

Writ," American Bar Association). Prisoners can also file lawsuits based upon claims of

excessive force, cruel and unusual punishment, or violations of their rights. The difference is that

a state prisoner may bring these claims through a civil rights lawsuit, while a federal prisoner

may bring these claims through a Bivens Lawsuit ("Prisoners' Rights," ACLU; "Remedies for

Federal Prisoners: A Handbook for Attorneys," American Civil Liberties Union). Prisoners also

have access to administrative remedies, which are designed to address complaints about

conditions of confinement or treatment by prison staff. ("Administrative Remedies for

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Prisoners," National Institute of Corrections). Although it may differ depending on the state or

federal jurisdiction in which the prisoner is held (Cornell Law School). Prisoners are able to

appeal decisions made by prison officials or lower courts to higher courts. This remedy allows

prisoners to challenge the legality or fairness of their confinement or treatment ("Appeals,"

Prison Legal News). Both types of prisoners can be granted pardon or a reduction in sentence;

the difference is that a state prisoner can only be granted pardon by a governor or other executive

official, while a president can only grant such a remedy to a federal prisoner ("Pardons and

Commutations," National Conference of State Legislatures; "Presidential Pardons and

Commutations," Congressional Research Service). According to "Remedies for Prisoners: A

Handbook for Attorneys," published by the American Civil Liberties Union, a state prisoner may

get an injunction from a court ordering a prison or the department of prisons to take a certain

action or to refrain from taking a specific action. When a federal prisoner has a serious illness or

other mitigating circumstances, they may occasionally be eligible for compassionate release,

which allows early release from custody ("Compassionate Release," Federal Bureau of Prisons).

Conclusion

In conclusion, both state and federal prisoners have legal remedies available to them,

including habeas corpus petitions, grievances, and lawsuits. While there are some differences

between the remedies available to state and federal prisoners, the overall goal is to provide

prisoners with the ability to challenge their confinement and seek relief when their rights have

been violated.
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Works Cited

"Administrative Remedies for Prisoners." National Institute of Corrections, 2017,

https://nicic.gov/administrative-remedies-prisoners.

"Appeals." Prison Legal News, https://www.prisonlegalnews.org/news/2016/mar/7/appeals/.

"Compassionate Release." Federal Bureau of Prisons,

https://www.bop.gov/inmates/custody_and_care/compassionate_release.jsp.

"Habeas Corpus: The Most Extraordinary Writ." American Bar Association, 2021,

https://www.americanbar.org/groups/public_interest/immigration/projects_initiatives/hab

eas_corpus/..

"Pardons and Commutations." National Conference of State Legislatures, 2022,

https://www.ncsl.org/research/civil-and-criminal-justice/pardons-and-commutations.aspx.

"Presidential Pardons and Commutations." Congressional Research Service, 2021,

https://fas.org/sgp/crs/natsec/R41846.pdf.

"Prisoners' Rights." ACLU, 2022, https://www.aclu.org/issues/prisoners-rights.

"Remedies for Federal Prisoners: A Handbook for Attorneys." American Civil Liberties Union,

https://www.aclu.org/sites/default/files/assets/remediesforfederalprisoners.pdf..

American Bar Association. (2021). Remedies for prisoners.

https://www.americanbar.org/groups/criminal_justice/publications/criminal-justice-

magazine/2019/winter/remedies-for-prisoners/

Cornell Law School. (n.d.). Habeas corpus. Legal Information Institute.

https://www.law.cornell.edu/wex/habeas_corpus.