Constitutional Rights and Administrative Goals CRJ303

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Jan 9, 2024

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The Constitutional Rights and Administrative Goals xxxxxx The University of Arizona Global Campus CRJ 303: Corrections Professor Abood December 11, 2023

When an individual is incarcerated some of their constitutional rights are curtailed. Oftentimes, this is to maintain the safety of a prison, staff, and inmates. In other instances, prisons impose rules that affect an inmate’s constitutional rights in a negative way. Is this the right thing to do or should inmates have the opportunity to have some rights? In this paper I will discuss the balance between constitutional rights of incarcerated persons and administrative functions in corrections using the Supreme Court case of Holt v. Hobbs, how the constitutional rights of incarcerated persons have been addressed by the U.S. Supreme Court and examining how cultural sensitivity and diversity is an issue in corrections. In order to maintain some balance in the correctional system some of the constitutional rights of inmates must be limited. However, the Eighth Amendment prohibits cruel and unusual punishment meaning that prisoners need to be offered minimum living conditions which include their housing, food, sanitation, and medical care (Stojkovic & Lovell, 2019). This ensures the safety of the prisoners and creates a balance between them and the prison. “Administrators of prisons and jails are responsible for inmates’ custody, care, and control, in addition to the security of the facility. Given the need to surveil, inspect, and search inmates and their possessions, prisoners cannot reasonably expect their persons or belongings to be private while incarcerated” (Stojkovic & Lovell, 2019, Section 5.4, “Constitutional Law and Prisoner Rights,” para.10). This falls under the Fourth Amendment because inmates are incarcerated it limits their privacy which includes visits and what they can do. For example, a visitor may be searched when entering the prison to ensure they have no contraband and to maintain safety within the facility. The Fifth and Sixth Amendments are constitutional rights that cannot be taken away from prisoners; they must have the right to a fair trial and counsel, and if they cannot afford one, then counsel must be provided to them. The First Amendment provides prisoners with the right to

freedom of speech, freedom of religion, freedom of press, and the right to assemble (Stojkovic & Lovell, 2019). For example, if someone practices a specific religion and they have to do something that is part of it, the prisons must allow it if it is deemed legitimate. In Holt v. Hobbs, Hobbs First Amendment rights were violated for not allowing him to grow a beard in prison for religious reasons. He was a Muslim, and his religion was to have a long beard. The correction facility had a policy that prisoners were only allowed to grow a beard for skin conditions. However, The Religious Land Use Institutionalized Persons Act “protects individuals, houses of worship, and other religious institutions from discrimination in zoning and landmarking laws” (“Civil Rights Division U.S. Department of Justice”,2023, p.1). The prison officials indicated that allowing Hobbs to grow a beard in prison could raise concerns because he could hide contraband in it. However, the court held that “prison officials did not satisfy that burden in this case because other steps could be taken to ensure quick identification and an inability to hide contraband” (Holt v. Hobbs, 574 U.S. 352 (2015). The court also stated that “the Arkansas Department of Corrections policy on beards violates the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). The Court held that, while providing substantial protection of religious exercise, RLUIPA allows prison officials to test the sincerity of religious beliefs to prevent these from being used for illicit conduct” (Holt v. Hobbs, 574 U.S. 352 (2015). This case was significant because it established the balance of prisoners' rights regarding religious purposes. Racial profiling, discrimination, religious beliefs, and sexual orientation can be an issue within prisons among prisoners. Jails must be able to recognize cultural differences by applying “appropriate responses pertain to staff training, policy development, recognition of the issue, an assessment of jail tensions related to racial and cultural differences, recruitment for staff of color,

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