preview

8th Amendment Pros And Cons Essay

Decent Essays
Open Document

The First Amendment to the United States Constitution prohibits Congress from executing a law which violates one freedom of speech. In 1970, the Federal and State courts examined the right of freedom of speech and expression to individuals incarcerated. This obligated correctional administrators to defend the limitation placed on these rights. In the case of Procunier versus Martinez, prisoners challenged the constitutionality of state regulations permitting censorship of prisoner mail. These rights were violated on the grounds of freedom of speech. However, a rule forbidden letters containing inmates' grievance of prison conditions. It proclaimed that the state regulations were unconstitutional. On its behalf, the Supreme Court set forth two …show more content…

In the case of Robinson versus California, the Court drew-out the Eighth Amendment's prohibiting cruel and unusual punishment to the states. Today, the Court identifies certain rights of offenders. At the same time, the Court confirmed that offenders do have fewer rights than free citizens. This was based on reasonable punishment and the restriction of the rights of prisoners. It was implemented by the Hands-Off Doctrine. This doctrine allowed the Rehnquist Court to grant correctional officials the authority to choose what restrictions should be placed on offenders. Another right protected by the First Amendment was freedom of association. In Jones versus North Carolina Prisoners' Labor Union, the Supreme Court supported the constitutionality of restrictions on the activities of a prisoner labor union. The Fifth and Fourteenth Amendments guarantee due process to all citizens. The Fourteenth Amendment guarantees all citizens equal protection of the laws. Prisoners have no Fourth Amendment right to freedom from unreasonable search and seizure. Prison officials can monitor prisoners' activities throughout prisons, watch prisoners in their cells, and conduct warrantless searches inside

Get Access