WK 2, Disscussion 1- CRJ303

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Jan 9, 2024

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 Part 1: The Supreme Court has held that prisons may restrict the constitutional rights of incarcerated persons where the restriction is connected to a legitimate penological interest. Provide an example of this idea when incarcerated persons’ constitutional rights may be restricted for a legitimate jail function. Is it fair that incarcerated persons’ rights may be restricted by prison administrators? Why or why not? When an offender is convicted some of their constitutional rights may be taken away. “Rights can be limited due to the correctional facility’s requirements or the government’s interest in carrying out the sentence and maintaining, as necessary, the security and safety of all involved” (Stojkovic & Lovell, 2019, Section 5.4, “Constitutional Law and Prisoner Rights,” para.1). For example, prisoners typically are asked to be cleaned shaved or have short hair because they can hide contraband in their hair to use or use towards another inmate. This is reasonable to keep everyone safe, however, is it fair to restrict some of those rights? I would say it is only if it poses a threat to staff or another inmate and to maintain order in a prison otherwise, I think that they should still have some rights.  Part 2: Define the difference between jail and prison. Discuss a criminal justice issue that relates to punishment, rehabilitation, supervision, or treatment. In addition, explain how the criminal justice issue relates to a social justice issue. For example, you could discuss a criminal justice issue that led to punishment as a jail sentence. If the criminal offense suggests the need for treatment or rehabilitation, you could then consider whether a jail sentence addresses social justice issues. The difference between a jail and a prison is that they house different people, in a jail they are pretrial detainees who have not been convicted yet and, in a prison, these are sentenced offenders who have committed a crime and have been given a punishment (Stojkovic & Lovell, 2019). A criminal justice issue that relates to punishment is the conditions of jails and prisons. They often have poor quality food, minimum access to health care, harsh treatment from staff and overcrowding of inmates. “The major problematic areas are space for separation in housing (74%), program space (72%), and surveillance of jail cells (65%)” (Stojkovic & Lovell, 2019, Section 3.3, “Contemporary jail Management Issues,” para.2). Housing inmates is at the top percentage since incarceration has increased throughout the years. However, this is making living conditions there much worse for inmates. This relates to a social justice issue because when it comes to punishment, “Black people are incarcerated at more than 5 times the rate of whites” (“Race & Justice”, 2023, p.1). Therefore, this makes it hard for the minority population to access resources such as getting adequate representation or offered rehabilitation programs, causing them to go back to prison multiple times.

Stojkovic, S., & Lovell, R. (2019). Corrections: An introduction (2 nd ed.). Retrieved from https://content.uagc.edu Race & Justice . NAACP. (2023, February 14). https://naacp.org/issues/race-justice

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