The Importance Of Human Rights In Prison

In today 's prison system of the United States, over 75% of the prisoners have the right to many luxuries while incarcerated instead of getting punished for the crimes committed. In fact, many inmates receive better health care than most people in the United States. Certainly, inmates have more luxuries than the citizens who work hard for them. With that in mind, inmates may consider jail better than the real world. No doubt inmates deserve treatment of an adult for the crimes they have committed. But also should get the punishment they deserve. In today 's world, inmates are not fully punished for the crimes committed.

The U.S. Constitution and the Bill of Rights are most notable for their protection of the rights of suspected and accused individuals. All to often we forget it also covers the rights of those persons convicted of a crime. There are two positions when it comes the rights of convicted and imprisoned persons, which are rights-are-retained and rights-are-lost. In retrospect, they are both right because prisoners rights may not be granted rights nor shall rights be withheld that are not supported by law. Therefore, prisoners are given Conditional Rights because they are constrained by the legitimate needs of imprisonment. The Conditional Rights of inmates are communication and vision, religious freedom, access to the courts and legal assistance,

Even though prisoners are incarcerated, they still are entitled to certain rights. There is a lot of debate about which rights prisoners should have because they can’t have too much freedom, and they also can’t have too little freedom. If inmates have much freedom, chaos would reign over the facility. No inmate would learn to truly change their ways and fit back into the community successfully. If too little freedom is given, inmates would be neglected and treated like animals. The perfect balance is needed to achieve a functional correctional facility.

In prisons today, rehabilitation, deterrence, incapacitation, and retribution are all elements that provide a justice to society. Prisons effectively do their part in seeing that one if not more of these elements are met and successfully done. If it were not for these elements, than what would a prison be good for? It is highly debated upon whether or not these elements are done properly. It is a fact that these are and a fact that throughout the remainder of time these will be a successful part of prison life.

According to the deputy director of the U.S. program at Human Rights Watch, how does the growing number of prisoners reflect a human rights problem? “As many of the people caught up in the criminal justice system are low income, racial and ethnic minorities, often forgotten by society,”

“Human rights are argued to be the most promising basis for an ethically principled opposition to both excesses of punishment and an unduly instrumental understanding of penal practice” (Canton, 2009). Human rights are one of the most important issues when it comes to ethics in connection to punishing criminals or even misdemeanor offenders. Canton also states in his article, “Nonsense Upon Stilts? Human Rights, the Ethics of Punishment and the Values of Probation”, in the British Journal of Community Justice, that our rights as humans “are distinctively important in discussions of punishment” (Canton, 2009) and that every attempt should be made to distinguish which rights should be forfeited as punishment for committing a crime and which rights should be retained regardless of any offense and what the offense is.

The United States incarceration system is a structural foundation of punishment in which is formed by robust authoritarian power. The United States criminal justice system is not an institution to be underestimated, as it represents the highest incarceration rate of all world nations at a staggering 700 inmates per 100 thousand citizens (Krisberg, 7). Based on the social and political structure of democracy in the United States, it is argued that incarceration systems should follow the same roots of equality and freedom; however, the current format demonstrates otherwise. Currently, the United States criminal justice system faces issues of inhumane treatment due to the sheer overcrowding, which restrict inmates from just treatment within penitentiaries. This lack of equality standards was argued in the 2011 court case, Brown v. Plata, which California prison systems were forced to decrease prisons overcapacity rate from 175% to 137.5% due to the overwhelming amount of inmate mistreatment (Koehler, 3). In the decision of Brown v. Plata (2011), supreme court justice Anthony Kennedy argued dignity should be an organizing principle in the United States justice system and demonstrated in all correctional facilities. Anthony Kennedy, along with guest lecturer, Jonathan Simon characterize dignity as a fundamental piece to the incarceration system, and without it, inmates are victimized to cruel and inhumane treatment. Dignity does not consist of domination and unequal treatment of

From 1973 to 2000 the imprisonment rate in the U.S has increased by a multiple of four, while the actual crime rate saw no such increase over that period. (Visher and Travis, 2003, p. 89-90) Historically, the prison system in America had always been marred with inadequacies and failures, specifically in rehabilitating prisoners. The significant increase in incarceration rates have put an even greater burden on the already inefficient prison system. In reality, the prison system does not actually function as a means of rehabilitating prisoners, and real purpose of the institute is to basically keep the “deplorables” of society away from the public eye. It serves as a tool to degrade members of society to the bottom of the social ladder and strip them of their most basic rights. For many prisoners, rehabilitation comes in the form of “corrections” which is largely characterized by the humiliation, abuse, and subjugation of inmates by correction officers. This form of rehabilitation is largely malicious and ineffective in its procedures and outcomes. Often times inmates, leave prison more emotionally and physically damaged that they were upon entrance as a consequence of the dismal conditions they were subjugated to. The current high rates of recidivism have testified to the fact that our prisons have failed as a deterrent. As a result, it must be

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.

Within this paper, you will find a comprehensive review of the United States prison system, and why it needs to analyzed to better support and reform the people of this country. I plan to persuade the other side (politicians and society) into seeing that the way the prison system is now, is not ethical nor economical and it must change. We have one of the world’s largest prison population, but also a very high rate of recidivism. Recidivism is when the prisoners continuously return to prison without being reformed. They return for the same things that they were doing before. So, this leads us to ask what exactly are we doing wrong? When this happens, we as a nation must continuously pay to house and feed these inmates. The purpose of a prison needs to be examined so we can decide if we really are reforming our inmates, or just continuing a vicious cycle. What is the true purpose of prison besides just holding them in a cell? There must be more we can do for these hopeless members of society.

Prisoners should be granted privileges depending on the type of crime they committed. There’s different types of felonies that determine how long a prisoner is going to stay in prison. Violent crimes such as rape, armed robbery, and murder are most likely to get life sentences . Most prisoners have about the same amount of rights. There’s those prisoners who committed non-violent felonies/crimes but are serving life sentences. Prisoners who committed non-violent felonies; does not involve high levels of damage or serious injury, should have more rights than someone who killed people, betrayed the nation or raped people.

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.

Although inmates may not have full Constitutional rights while incarcerated, they are entitled to basic human rights, freedom and dignity. U.S. penal systems have been reformed at the beginning of the 1960’s. The reason for this reformation is to prevent inhumane treatment, provide inmates with religious freedom, and due process (Smith, 2010). The U.S. Supreme Court

In addition the exploitation of prisoner’s labor has been a continuing issue. Enforcement of prison labor by the state and the utilitarianism of international human rights law preserves state power, although are a focus of

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.