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(1) Federal Reporter 2d. Series, Vol. 386, p. 684; Donnel Douglas v. Maurice H. Sigler.
(2) Supplement to Edward S. Corwin's. The Constitution p. 245.
(3) 62 Vs . (21 Gratt) 790, 796 (1871) (4) 257 Fed. Suppl. 674 Jordan l.. Fitzharris (N. D. Cal. 1966) cepts of decency by permitting conditions to prevail of a shocking and debased nature., the courts must intervene promptly to restore the primal rules of a civilized community ill accord with the mandate of the Constitution of the United States.
The harshest blow to the old `hands-off' doctrines was struck by Manree v. Pepa, 365 US 167, 5 L.Ed. 2d,, 492 (1961).

Where the court insisted on ``civilized standards of humane decency" and interdicted the subhuman condition which could only serve to destroy completely the spirit and undermine the sanity of the prisoner.

By l 975, the United states Supreme Court sustained the indubitable proposition that constitutional rights did not desert convicts but dwindled in scope. A few sharp passages from Eve Pall(1) opinions and some telling observations from Charles Wolff(2) nail the argument the prisioners the non- persons.

Prison decency and judicial responsibility What penitentiary reforms will promote rapport between current prison practices and constitutional norms ? Basic prison decency is an aspect of criminal justice. And the judiciary has a constituency of which prisoners, ordered in by court sentence, are a numberous part.

This vicarious responsibility has induced the Supreme Court of the United stats to observe.

"ln a series of decisions this Court held that even though the Governmental purpose be legitimate and subs -tantial, that purpose cannot b,- pursued by means that broadly Stifle fundamental personal liberties when the end can be more narrowly achieved. The breadth of legislative abridgement must he viewed in the light of less drastic means for achieving the same basic purpose." (Shelton v. Tucker, 364 US 476 (1950) at p.468)(1).
(1) Sostre V. Rockefeller. 312 F. SUPDI. 863 (1970) The facie submission, 'that the determination as to the methods of dealing with such incorrigible persons is a matter of internal management of State prisons and should be left to the discretion of prison administrators....' is untenable if, within the cell, fundamental concepts of decency do not prevail and barbaric conditions and degrading circumstances do violence to civilised standards of humane decency as the Court pointed out in Hancock v. Avery. The goals of prison keeping, especially if it is mere safe keeping, can be attained without requiring a prisoner to live in the exacerbated conditions of bare floor solitude.