An Examination of Incarcerated Rastafarian Free Exercise Claims
Positive Vibration: An Examination of Incarcerated Rastafarian Free Exercise Claims
Melissa R. Johnson, 34 New Eng. J. on Crim. & Civ. Confinement 391 (2008)
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This Note will begin by illustrating the Rastafari religion and the struggle it has faced in becoming recognized as a legitimate religion. This will be followed by an examination of the historical background and current state of the law, including the development of the Religious Land Use and Institutionalized Persons Act (RLUIPA), and will briefly discuss the American Indian Religious Freedom Act (AIRFA). Focus will then turn to a comparison of the progress of Native American inmate claims and those of Rastafarian inmates. Attention will then be given to the federal regulations permitting the exercise of religion in penal institutions as contrasted with many state regulations in an attempt to resolve why the Federal Bureau of Prisons (FBOP) has considerably more liberal policies regarding a prisoner’s religious exercise when compared to many state prisons and correctional institutions, yet has the same, if not greater, *394 demand for the uniform interests of safety and security. The final section will set forth the author’s recommendations and conclusions concerning the status of the Rastafari faith as a minority religion within the correctional system.