Cardozo Journal of Equal Rights & Social Justice
Abstract
The note argues that bans on masturbation in prisons are unconstitutional under the Fourteenth and Eighth Amendments. It contends that such bans infringe upon prisoners' rights to privacy, bodily autonomy, and protection against cruel and unusual punishment. The author proposes reforms to prison policies to allow private masturbation while prohibiting assaultive behavior, advocating for a shift towards rehabilitation over punishment.
Disciplines
Education Law | Law
Recommended Citation
Madison Dougherty,
Beat It: A Proposal to End Masturbation Bans in Prisons,
30
Cardozo J. Equal Rts. & Soc. Just.
445
(2024).
Available at:
https://larc.cardozo.yu.edu/cardozoersj/vol30/iss2/6