Religion Behind Bars: A report on the extent to which prisoners exercise their First Amendment right to freedom of religion.

By Jason Richardson

Table of Contents

I. Introduction
II. Background
     A. Early prisoners' religious-rights cases
     B. Cruel and unusual punishment
III. Evaluating religious claims by prisoners
     A. Defining religion
          1. Sincerity of belief
          2. Nature of beliefs: what constitutes a valid religion
    B. The standard of review
          1. The compelling-interest standard
          2. The hands-off approach
          3. The Turner/O'Lone standard
          4. Application of the Turner/O'Lone standard
          5. Oregon Employment Division v. Smith
          6. The Religious Freedom Restoration Act of 1993
     C. The equal-protection problem.
     D. The establishment-of-religion problem
          1. Provision of clergy
          2. Administrative action designed to encourage religious
	     activities within prison
IV. Religious practices
     A. Personal appearance and clothing
          1. Hair length and beards
          2. Head-coverings
          3. Wearing of medallions
     B. Meals
     C. Religious services
          1. Inmate-led services
          2. Inmate meetings in the yard
          3. Services offered
          4. Segregated inmates
     D. Name changes
          1. Prison records
          2. Name tags
     E. Access to clergy
          1. Visiting clergy
          2. Segregated inmates
     F. Access to religious mail and publications
          1. Correspondence with outside clergy
          2. Receipt of religious literature and publications
     G. Access to religious accouterments
V. Analysis
VI. Conclusion

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