Besides state constitutions and voting rights, what do other definitions of residence say about where prisoners reside?
Most states have constitutional clauses or statutes that define residence for incarcerated people to be the place they lived prior to incarceration. Similar rules exist in other contexts, such as determining where a person may file a lawsuit. Judge Wade H. McCree most clearly summarized the rule and its rationale in a 1973 decision: It makes eminent good sense to say as a matter of law that one who is in a place solely by virtue of superior force exerted by another should not be held to have abandoned his former domicile. The rule shields an unwilling sojourner from the loss of rights and privileges incident to his citizenship in a particular place…. Stifel v. Hopkins 477 F.
Related Questions
- Besides state constitutions and voting rights law, what do definitions of residence in other contexts say about the actual residence of people in prison?
- Besides state constitutions and voting rights, what do other definitions of residence say about where prisoners reside?
- What kind of voting rights do states grant to prisoners and ex-felons?
