Human Rights Act 1998 Essay

But systems of power may fail for other reasons as well. Those who are in charge may not be willing to exert their power. There may be some corruption among the custodians. Custodians are in close proximity to the prisoners so there may be some blackmail involved in not taking action when supposed to. “In the second place, the guard’s position as a strict enforcer of the rules is undermined by the fact that he finds it almost impossible to avoid the claims of reciprocity” (Sykes, 1958, 56). Third reason is the constant infringement of the guards’ dominance by prisoners. Some of the inadequacies of prison officials have been said to be linked to the fact more than fifty percent of the guards are temporary employees. There is also the low salary for the guards. The job is not seen as very glamorous or worthwhile as well (Sykes,

Currently, human rights in Australia are protected in different ways. Unlike most other similar liberal democracies, Australia has no Bill of Rights to protect human rights in one single document. Instead, some rights can be found in the Constitution, our common law and legislation which includes acts passed by the Commonwealth Parliament or State or Territory Parliaments.

People are sentenced to prison as punishment of a crime that has been committed, not for punishment. The job of a prison guard or correctional officer is to help maintain law and order, to maintain security and to manage the health and safety of staff and prisoners. It is a violation for any authority figure to deny

Moreover, prisons today have little capacity do deal with the issues of care. The prisoners are the responsibility

I decided upon reading more about the Supermax prisons, as I had heard of them but never really focused much attention to them. I wanted to gain more knowledge on what they were used for and the controversy which surrounded the use of these Supermax prisons. I decided to read ‘Housing for the “worst of the worst” inmates: Public Support for the Supermax Prisons’ and ‘What we know, what we do not know, and where we are going’ journals. From my first perceptions of a Supermax prison, I only really knew that they could house thousands of criminals at one time and that those criminals were the ones you would not want to be involved with, being as they were in confinement for the majority of the day. And they are rarely allowed to communicate with each other or with the prison guards.

The Bureau of Prisons carefully lists the inmate’s health care rights and the inmate’s responsibilities in order have access those rights. In the Federal Correction Institution at Terminal Island, California the Inmate Information Handbook lists out the specific rights to health care access each inmate has and then the handbook lists the inmate’s responsibility to be able to access the health care. An example is the inmate has the right to access all services on Terminal Island including medical, dental, and all support services but the

High Prison population and Overcrowding also lead on to the fact that there will be problems within the prison concerning staff. One of the problems in terms of staff will be the numbers available. With the increasing numbers, and the reductions in the prison budget, means the staff to prisoner ratio will continue to worsen. With this means that the supervision of prisoners will be less available which will reduce time out of cells and time in classes working towards rehabilitation. This also leads on to another problem within staff in prisons, in terms of their relation with the home office. The more prisoners coming into prisons increases the workload for the staff, this is without the relief of additional staff being employed. Staff unrest can lead to industrial action, which will lead to the breakdown of the prison service.

In handling a situation like this, the prison warden should focus on the confidential nature of the matter. The challenge in communication is getting the recipient to understand the message in a way very parallel to what is intended (Stojkovic et al., 2008). Understanding the mechanics that inspire perception is vital to effective communication. Because and individuals logic and understanding of a message is based on past experiences, which may differ from sender of message, the interpretations may be different. The prison warden should relay the messages to the individuals who have the most authority within the organization first. This way he can portray to them how to extend the message down to subordinates and in the exact form.

According to the prisons inspectorate, the ‘health’ of a prison should be measured according to safety, respect, purposeful activity and resettlement (HMCIP, 2013). Choose one of these factors, and using academic research to support your argument, discuss to what extent this represents a critical element of imprisonment in contemporary society.

Every detainee must have a custody record opened for them when in police detention. All information is recorded here by the custody sergeant with relevant times and dates also recorded, verified by the custody officer’s signature (PACE act 1984). The Custody record is an ‘open’ document that must be made available to the defence, a detainee’s solicitor is entitled to see the custody record the moment of arrival at a designated police station and must be given a copy at request any time within 12 months of the detainee leaving police detention or coming before the courts. It is the Custody Sergeants responsibility to make sure that the custody record is kept up to date, accurate, and complete. The detainees must also be read out their three basic rights under code C of the PACE act, these rights are the right to have somebody informed of their arrest, the right to consult with a solicitor and be given free legal advice and the right to consult the codes of practice (YourRights 2007). The Custody officer must also assess mental health and identify any communication barriers; this may result in the need for an interpreter or possibly even the consultation of a doctor. They must also review any evidence relating to the investigation and decide whether there is a sufficient amount to charge or whether the detainee must be kept in custody so more evidence can be obtained. The custody officer must determine whether he

This Charter right has been infringed because the prisoners aren't being provided with proper needs to maintain their health. Without these proper needs prisoners are contracting deadly illnesses such as HIV aids and hepatitis C. Also many prisons are not receiving equal health care treatment, in an article by Canadian Medical Association Journal

The Federal Bureau of Prisons has guidelines and regulations that they must adhere to when it comes to providing healthcare to inmates within the prison system. Although some of the guidelines and regulations vary from institution to institution, the authority given to the BOP when it comes to health services is much the same regardless of which prison an inmate is housed at. The BOP regulates the health care services that are provided to the inmates based upon the needs of such. Most prisons have psychological services available to each inmate along with a provider for other medical services. As other needs arise, the BOP is responsible for providing and maintaining

Equalizing the constitutional rights of prisoners and the functions of the jail or prison can create great strain on not only the correctional facilities’ staff but on the inmates as well. The treatment of prisoners is typically left completely to the prudence of prison administrators and other correctional officials. With that being said, this paper will discuss the differences between harmonizing those constitutional rights of prisoners and the functions of the facility. It will also explain the rights that prisoners are required to have, and how these rights are balanced within other aspects of the correctional institution.

In prison, there aren’t many ways to stay in contact with the outside world. Access to social media is strict, there are even certain books that are not allowed in prison, though most inmates have a reading level at or below one. Some prisoners are afraid that phone calls are being recorded and that what they say will be held against them. These regulations are taken for security precautions.Though some people would agree that some practices are unnecessary, they have good

The Human Rights Act of 1998, also abbreviated to HRA is a national law passed in the United Kingdom and mostly came into force on 2 October 2000. Its purpose is to incorporate the rights within the European Convention on Human Rights into UK national law. This law allows the citizens of the United Kingdom to defend their rights in UK courts and states that public organisations such as the Government, Police and other public authorities must respect the people’s rights by treating them fairly and equally with dignity. Firstly, this essay will be discussing what the Human Rights Act (1998) is and its effects. Secondly, this essay will be pointing out the Articles and explaining the Act. Thirdly, this essay will be talking about the history and why this act came into place. Finally, this essay will argue the necessity of the Human Rights Act (1998).