Over the past years, it have been obvious, that jailhouse lawyers have increased the number of lawsuits filed by prisoners. In the year of 1980, prisoners filed 12,395 petitions of civil rights claims and in the year of 2000, prisoners filed 24,463 petitions of civil rights claims, in the Federal Courts, by State prisoners.(Mays & Winfree Jr, 2005, pp.304). Jailhouse lawyers have helped inmates file these petitions against the Federal Courts, in the favor of other inmates challenging their conditions of confinement. The conditions of their confinement seems to be, prisoners way for wanting to receive a sentence reduction, sometimes, a release from prison. On the other hand, prisoners tend to use jailhouse lawyers to file petitions that
It is dreadful enough to get raped, but having to see your perpetrator every day and possibly raping you again is a constant fear that many inmates have to encounter. According to the Bureau of Justice (BJS), in 2008 correctional administrators reported 7,444 allegations of sexual abuse in prisons. About 46 % of the sexual abuse involved staff with inmates. But these statistics do not include the many cases that go unreported due to victim’s fear of being punished by their perpetrators and/ or to embarrassment and humiliation that comes with rape. Although prison rape is prevalent, many individuals find it normal and even find it a laughing matter. Prison rape is abnormal and has huge consequences if not dealt with. Some of the
I, Michael Yates, being competent to testify, hereby declare on my personal knowledge as follows:
There are five state prison systems in which exist in today's penitentiary systems and they are maximum-security prisons, close-high security prisons, medium-security prisons, and open security facilities. Variations between these five systems are common and uncommon because in a
The brain can be affected by damage and cause behavior to be expressed differently in every person. Events such as a car crash or childhood abuse can affect brain development and function. Damage to certain areas of the brain can have a variety of effects. The hippocampus controls emotions and is associated with memory, and the frontal lobe is a brain cortex that controls motor functions, problem solving, memory, language, judgments, social and sexual behavior and impulse. When the frontal lobe or hippocampus is affected, a person’s emotion can be out of their control. In criminal cases, brain damage can affect the sentencing of a violent criminal, but to what extent should these abnormalities play a role in their conviction? Much research has been conducted in order to determine the effect that brain abnormalities should have on the conviction of violent criminals. A psychiatrist at New York University, Dr. Lewis, has conducted a study on death-row inmates, how their brains work and what affect the damage had on their conviction. By doing so Dr. Lewis paved the way for other researchers, such as Kent Kiehl and Jonathan H. Pincus to study the brains of violent criminals looking for a answer as to whether or not these criminals should be incarcerated. Over time research has been conducted focusing on mental illnesses and brain damage as the cause of violent acts instead of it being just premeditated murder. Many believe brain damage or mental illness should have no affect on
Considering the cost of new programs, budget shortfalls and cutbacks the state of Hawaii is experiencing at this time, we ask? What benefits would the state incur by immediately implementing an incarcerated offender reentry plan? Additionally, we ask? How would the immediate implementation of an incarcerated offender reentry plan affect a community’s economy and security? Perhaps, to effectively consider the impact of these questions I will need to determine why there is a need to immediately implement an incarcerated offender reentry plan. To do that, I will consider some statistical data: the Bureau of Justice Statistics (2008) tells us it has been estimated nationally 95% of all incarcerated people are eventually released into the
The name of my prisoner is Marshall Perkins, he is 59 years old. Marshall Perkins was born on March 2, 1886 in Higginsville, Lafayette County. He was arrested by Kansas City Police Department, under charge of investigation for statutory rape. He was charged by the Sheriff’s Office in Jackson County, Kansas City with statutory rape and habitual criminal act. Convicted of raping a young white female, about 13 years of age, girl (Gladys Jeffries) was returning home around 11 p.m. after seeing a show at Vista Theater, Kansas City with another female (friend).
Hello Sir/Madam in this report one will examine the importance of suggesting new recommendations for increasing the maximum prison sentence for offenders convicted of aggravated robbery, known as armed robbery. One will address issues of why our state legislature should consider changing the existing prison terms of those found guilty of armed robbery. As well address, the reason one believes this responsibility lays in the hands of legislators instead of judges, or parole boards. By examining the severity of armed robbery, rate of recidivism, budget needs, on crime, one will suggest that the minimum amount of time an offender of armed robbery is incarcerated should be increased.
The idea of sympathetic release of ill and elderly prisoners is not new. In 1994, Professor Russell published consideration of medical parole and compassionate release programs of district and fifty states of Columbia. Only three
Today’s society is continually evolving, this evolution results in amendments to existing laws. There is also evolution in the sub-culture of the prison system. Inmates are more frequently filing cases, in an effort to establish or redefine how the constitutionally established are applicable to their setting. This essay will discuss 1st, 4th, 8th, and 14th amendments, and how they apply to specifically to those who are incarcerated.
Tom Rogers is a career criminal, who got his second offense for armed robbery. He robbed an 80 year old widow in the Kroger parking lot. The Fayette County District Attorney wants the maximum sentence, but the public defender is asking for mercy since Tom’s elderly mother is sick and needs him to care for her at home. Being that I am the Judge, I will give Mr. Rogers the maximum sentence for his second offense for armed robbery. The maximum sentence will be twenty years of imprisonment3, without parole or probation. I chose the maximum because this is not the defendant first offense of armed robbery. Also because he robbed an eighty year old widow. Yes, I understand that is his mother is sick and needs him to take care of her, but he is unstable to take care of his mother. The defendant mother can be taken to a nursing home, where she can get a trained licensed nurse to give her quality care. The nurses at the nursing home is more stable and equipped to take care of the defendant mother, then he is capable of doing himself. I chose this punishment for the defendant, because he is a known robber, who will more than likely continue to rob if he is not stopped.
There are many people who are critical of the US‘s prison sysetm; the idea of locking up those who commit crimes against a society simply to keep them from doing harm. Many say that more rehabilatation is necessary to improve these individuals and, therefore, society as a whole. What are some ways of doing this? Do you agree/disagree with this view and why? Is the prison system currently in place the best option for society? 2 pages, double spaced, 12pt. font.
One cannot just be or say they are a lawyer. In order be recognized as a lawyer one must pass the bar and attend law school. However, there is one exception rule, which is inmates can practice law while they are in prison. In our legal system defense attorney are broken up into three different types, which are public defender, private, panel attorney. The most common type of defense that are used to represent indigenous clients are public defenders. Public defender do not have the best track record and many that are being represent by public defender are noticing that they can represent themselves better. While, in prison you have group of inmates who are constantly studying the law and other cases that can
While lawful incarceration deprives prisoners of most of Americas Constitutional rights, they do maintain a few constitutional rights. Federal courts, while hesitant to impede with the internal administration of prisons, will interfere to rectify violations of the constitutional rights that prisoners are still entitled to. A prison guideline that oversteps on a prisoner’s constitutional rights is lawful only if it is reasonably related to the safety of the inmates or the rehabilitation of that prisoner.
Criminals with serious deficiencies in social and / or educational, disability or language barriers to learning; or