Sunday, April 8, 2007

Ban on inmate's preaching sent back for review

A court ruling that allowed a maximum security inmate to be barred from preaching in prison services has been overturned. The Federal First Circuit Court has remanded the case of Wesley R. Spratt back to District Court for additional testimony and consideration.

The decision states that “rather than considering alternatives,” the Rhode Island Department of Corrections asserts that inmate preaching “is dangerous to institutional security under any circumstances.”

The decision states that “rather than considering alternatives,” the Rhode Island Department of Corrections asserts that inmate preaching “is dangerous to institutional security under any circumstances.”

But the appeals court states "it is not clear how [the Department of Corrections] has come to this conclusion" and says the department "offers no explanation for why alternative policies would be unfeasible, or why they would be less effective in maintaining institutional security."

Additionally, the appeals court found that case law the corrections department cited to uphold its decision “lends little support” to the department’s argument.
The full decision is available online.

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