# A Prisoner Is a Person

*If you are a prisoner, you are a person.*

A person the State holds keeps standing and the whole floor. The rules conclude
personhood from custody itself, so a prisoner with no other standing entry is
still owed food, shelter, care, learning, bodily safety, material security,
expression, belief and company. The same rule protects people who are never
held: because a prisoner remains a person, a rule confining anyone for lacking
a floor item is refused. Zed's case shows both consequences. The sentence takes
free movement; *The One Thing Taken* (Chapter 27) explains why the legal loss
stops there, and *The Vote Conviction Does Not Take* (Chapter 18) follows the
ballot, which conviction and custody leave in place.

## Zed

Zed is convicted in a named case of injuring Ivo. The case records criminal
proof of the injury, adjudicated defences, disclosed evidence, counsel, a fair
hearing and an individually justified sentence, and the adjudicator and the
independent merits reviewer are each authorised for that case. The custody
authorisation is in force: independent witnesses agree on the person, the
court, the judgment, the injury, the source and the review period, and the
record holds a reviewed placement in a named supported residence and
accessible challenge intake. Custody follows from that whole case; an injury
and a general judgment would be too little.

Zed's record holds none of the other roots of standing, among them a direct
personhood entry, birth, first contact, presence, effective control, a report
that nobody is acting for Zed, release, and a standing status kept from an
earlier version of the record. The record is
sparser than an actual custody encounter should be, and that isolates one
rule. From the case alone the rules conclude that Zed is a prisoner and
therefore a person, and that the State owes Zed every floor item. The
conclusion that Zed may move freely is absent: movement is what the sentence
takes.

Birth, first contact, presence and effective control each give standing
without a registry match or a confinement. Custody is a backstop beside them,
and release is another: a name that only a release entry mentions is a person,
owed food and free to move, with no custody case behind it. A standing status
witnessed in an earlier version of the record also keeps its subject a person
when a later version omits it, and the omission is recorded as a defect; that
route needs an earlier status, which Zed's record lacks. Custody is the root
that reaches Zed. It is a backstop to personhood, never its price.

## A protection reaching beyond Zed

While a prisoner remains a person, a rule confining someone because the record
is silent about what they believe, or about whether they ate, is refused. The
floor follows from personhood and personhood follows from custody, so such a
rule would make custody depend on its own consequence; that loop is what is
refused. The refusal therefore covers everyone the record holds, confined or
free. It also rests on the way each entitlement is written, as an entitlement
to a condition: written as a plain label instead, the entitlement disappears
and the hostile rule loads. The optional method's section [*Why the hostile
floor rule is refused*](https://dhilipsiva.dev/rights-nobody-has-to-earn/read/method/#method-why-the-hostile-floor-rule-is-refused) shows
how the refusal works and why a differently written attack needs its own test.

The refusal reaches confinement for a missing floor item. A rule confining
someone for lacking a home entry loads, because a home entry lies outside the
floor; a separate test of the written rules rejects any rule that concludes
custody, placement, severity or a restraint from a missing home, family or work
entry. Another test rejects any rule that takes a floor item's delivery,
present or absent, as a premise, so an absent meal leaves the debt in place and
becomes a ground for nothing, whether a placement or a finding about the
person. The method's section [*Checking how a record is
used*](https://dhilipsiva.dev/rights-nobody-has-to-earn/read/method/#method-checking-how-a-record-is-used) distinguishes those tests from
the refusal.

## Standing that protects others

Remove the rule that makes a prisoner a person, and two things change at once.
Zed stays confined, but the rules conclude neither Zed's personhood nor any
debt to Zed: the debt goes with the debtor, and nothing owed remains to be
found unpaid. And a rule confining any person whose record is silent about
belief now loads. Bela, whose standing comes by another route, is still owed
belief; the refusal that kept a missing belief from becoming a ground for
confinement is gone, for Bela and for everyone else.

A prisoner's standing therefore holds up a protection for people who have
never been held. Birth, contact, presence and effective control give the floor
to each person they reach; the refusal that guards the floor for all of them
rests on the prisoner remaining a person.

The cost falls on whoever funds the floor. The State owes Zed, who injured
Ivo, the same floor it owes Ivo, and the conviction reduces nothing Zed is
owed. The offence is answered through the sentence and the custody it
authorises, and the floor stays whole on both sides of it.

## What this cannot settle

The refusal judges the shape of a rule's dependencies and leaves its purpose
unexamined. A rule reaching the same end through a relation outside the floor,
or under a new name, needs a test of its own, and loading gives a rule no
lawful authority. Because the protection is a property of how the rules are
written and how the engine treats them, a change to either calls for testing
it again. A release entry needs nobody to have found anything: whoever writes
one gives the name on it standing, which brings free movement only where no
custody case or restraint holds that person.

## The child with nobody

Zed and Nell are both owed shelter and expression. Both records lack a shelter
receipt and a record of speech, so the rules conclude shelter received and
speech made for neither person. The custody conclusion holds for Zed alone;
the debts are identical.

Suppose a shelter receipt were recorded for Nell and attested by a witness
authorised for Nell who is someone other than the provider. The rules then
conclude that Nell received shelter, and matching food evidence lets them
conclude that Nell received food. Nell keeps personhood and the floor debt,
and stays free of confinement and of any credibility finding.

Witnessed delivery is independent of sentence authority. The receipt route asks
nothing of Nell before help is owed: both people were owed the floor before
either result, and a comparison of what each received needs evidence of actual
conditions for both. *Where People Are Put* (Chapter 26) turns to placement:
where the rules assign a confined person, and why the assignment leaves what
the person is owed where it was.

*Run it:* the companion runs this chapter's cases on your own device, at
[dhilipsiva.dev/rights-nobody-has-to-earn/cases](https://dhilipsiva.dev/rights-nobody-has-to-earn/cases/#chapter-25).

## Argument: Liberty is what a sentence takes

*The companion states these rules as Articles [3](https://dhilipsiva.dev/rights-nobody-has-to-earn/constitution/#article-3) and [26](https://dhilipsiva.dev/rights-nobody-has-to-earn/constitution/#article-26).*

I keep the prisoner among persons because a sentence answers for an act, and
liberty is the whole of what it takes. If conviction moved someone out of the
class owed the floor, the office that prosecutes would also decide whom the
State owes anything, and the people it holds can least look elsewhere. The rule
protects people who are never held as well, since the refusal to confine anyone
for lacking a floor item rests on the prisoner remaining a person. The ballot
stays for the reasons *The Vote Conviction Does Not Take* (Chapter 18) gives.
The United Nations' Standard Minimum Rules for the Treatment of Prisoners,
adopted by the General Assembly in 2015 as the Nelson Mandela Rules, draw the
same line: every prisoner is to be treated with respect for their inherent
dignity, imprisonment is "afflictive by the very fact" of the loss of liberty,
and the prison system is not to aggravate the suffering inherent in that loss
except as justifiable separation or discipline requires.[^mandela] They are a
resolution, not a treaty, and set out "what is generally accepted as being good
principles and practice"; they record agreement on principle and show nothing
about any prison. The case that opens this Part turned on a like premise: a
court found a speedy trial within the right to life and liberty of
people held for years untried.[^khatoon]

The strongest alternative suspends a convicted person's civil standing for the
length of the sentence and restores it on release. While the sentence runs,
the prison provides what its own rules set, and the person holds no
constitutional claim against it. It is held by those who think a grave wrong
forfeits, for a time, a claim on the community it harmed. Its best case is
proportion and clarity: the offender's claims shrink with the offence, the
person harmed is spared seeing the offender owed what they are owed, and
conditions are governed by prison law rather than contested item by item. I
cite no study for it; its case is moral rather than empirical.

My rule gives that up. The public owes the whole floor to people who have
harmed others, the gravest offender included, at the level it owes the people
they harmed, and those people must accept it. The State owes that floor to
every person it holds, whatever the person has done. Under the alternative
the cost falls on the person held, whose food, care and company become the
prison's to set, and on everyone else, because once prisoners stand outside
the class a rule confining anyone for lacking a floor item can be written.

I would reconsider if prisons that owed the people they hold the whole floor
as a constitutional debt were shown to hold them less safely, or to see more
reoffending after release, than systems that suspended those claims for the
sentence; or if the floor owed inside prisons were shown to come out of what
the people they harmed receive.

[^mandela]: United Nations General Assembly, Resolution 70/175, [*United
    Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson
    Mandela Rules)*](https://documents.un.org/api/symbol/access?s=A/RES/70/175&l=en&t=pdf),
    adopted 17 December 2015, A/RES/70/175 (distributed 8 January 2016),
    annex, rules 1 and 3, p. 8; the phrase on good principles and practice is
    preliminary observation 1, p. 7, which also says the rules describe no
    model system of prisons.

[^khatoon]: *Hussainara Khatoon v. Home Secretary, State of Bihar*, Supreme
    Court of India, 12 February 1979, (1980) 1 SCC 81, [1979] 3 SCR 169, at
    179H–180F; [Indian Kanoon](https://indiankanoon.org/doc/1007347/). The
    case is told in the opening of Part IV.

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By dhilipsiva. Prose: CC BY 4.0.

Canonical: https://dhilipsiva.dev/rights-nobody-has-to-earn/read/25-a-prisoner-is-a-person/

Source: https://github.com/dhilipsiva/rights-nobody-has-to-earn/blob/main/book-1/25-a-prisoner-is-a-person.md