Historically the courts followed a "hands-off" policy regarding prisons and prisoners' rights,deeming prisoners to be "slaves of the state."

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Until the mid-20th century, the courts generally held that prisoners had few rights and that judges should defer to prison officials in matters of administration and discipline. This "hands-off" policy was based on the notion that prisoners were the property of the state and that the state had broad discretion to manage and control them. It wasn't until the 1960s and 1970s that the courts began to recognize prisoners' constitutional rights and impose limits on the power of prison officials.

Historically the Courts Followed a "Hands-Off" Policy Regarding Prisons and Prisoners