Essay about The Rights of a Prisoner

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

The United States Supreme Court ruled that prison overcrowding in California was equivalent to cruel and unusual punishment. This decision recharged a long-standing disagreement among scholars and politicians as to whether or not courts should intervene to protect make changes. Some believe this is a matter or the well-being of those unable to make decisions for themselves. Others believe this is not a top priority and by forcing states to improve state institutions, the already costly industry will have cost increase. The journal also discusses the economic effects reform has had. Concluding that they have made positive changes at a slightly higher expense. The changes made by the state made the facilities closer to “humane” by court standards. (7)

The rights of a prisoner to read, write, speak, practice their religion, and communicate with the outside world are often cut far outside what is necessary for established security. This also leads to prisoners to stop communicating with the outside world and family.

Fourth Amendment regarding Prisoners Jeury Nunez Reyes John Jay College of Criminal Justice May 2nd, 2016 Abstract Today our world is filled with criminals. These criminals commit their crimes, and then get caught by law enforcement agencies. They get detained, processed, and see a judge. “Guilty! I sentence you to prison for x amount of years”.

Kalief Browder was 16 years old when he was arrested for stealing a backpack. After spending three years in prison awaiting trial due to his inability to post bail, Kalief was set free because of the insubstantial evidence to prosecute him. Being in a prison, and more specifically, isolation for around 800 days in total of his stay, had evident negative effects on Kalief. He spoke about how he had been affected by prison and he then committed suicide at the age of 22 (The Marshall Project). The American prison system persecutes felons, people of color, and those of a lower socioeconomic status.

Although lawful imprisonment deprives prisoners of many rights, certain Constitutional rights are retained. The First Amendment of the United States Constitution shields some of the most ordinary rights that you can hold as Americans. As a student of Texas State University I do not “shed my constitutional rights once I Step foot on campus. Do prison walls form a barrier separating prison inmates from the protections of the Constitution? Granted, a characteristic of lawful imprisonment includes temporary separation of certain rights; however, regulations on the rights of inmates must be overseen rationally. Especially, when the essential rights provided by the First

Introduction: Try to imagine this scenario. Taking a mini vacation in an unknown city with some friends. The night gets hectic, there is miscommunication and unimaginable words get put into the air and things happened and the police gets called. Next thing you know is your friend is in the back of the police car. Throughout my life I personally knew plenty of people who have been in the county jail and people who came from the penitentiary. Two years ago I worked at Saint Louis County Circuit Court, which is connected to the Justice Center. In Saint Louis, Missouri, we call our local county jail the Justice Center. I did a lot of research for this speech that I present to you. Today I will be speaking on imprisonment. When you do the crime you have to do the time. Throughout my speech I will be informing you on the difference between life in jail versus prison, the punishments, and life after you get released.

In delving further into the debate between the effectiveness and ineffectiveness of mandatory sentencing, it is relevant to scrutinize the constitutionality of the Federal Sentencing Guidelines. There is concern “that the Guidelines did not allow sufficient judicial discretion.” Congress in turn argued that the Guidelines were created to alleviate the disproportionate sentences created by judicial discretion.

In a constitutional democracy, the balance stands between two important aspects of human life; one of those aspects, perhaps in the view of many the most important one is individual liberty and privacy (Samaha, 6). According to Joel Samaha, author of the book Criminal Justice Seventh Edition, individual liberty and privacy refers to the idea of doing as you wish, coming and going at any time you see suitable, and not having to give “reports” of your whereabouts to anyone; all this of course, taking into account that you must abide by the laws governing a particular society (Samaha, 6). Though it can be argued otherwise, we as Americans for the most part experience individual liberty and privacy to a great extent. As American citizens, we have the choice to choose as we wish; except, however, those whose actions drove them to imprisonment. It is no surprise, that prison inmates have very little to choose from as they meet the sentences imposed on them due to the social violation they decided to engage in; because of books, documentaries, and other sources of information, many believe that prison inmates are nothing more than a burden who utilize tax money for their survival, as they in return, rehabilitate themselves and become law-abiding citizens of society. Despite having some choices such as recreation, the ability to work, and the access to religious programs, according to a prisoner who spent the majority of his life on death row, prison can drive a person to insanity.

The United States Department of Justice has come forth with a statement that they will end the use of private prisons. Sally Yates, the Deputy Attorney General, stated that she has sent a communication to instruct prison officials not to renew any contracts with operators of private prisons or for the diminished use of contracts with already exist. This is the beginning of the process intended to cut and eventually end the use of prisons which are privately operated.

Inmates as well their loved ones are currently making efforts in bringing light to the situation. In doing so they hope to draw attention from American society and government official’s conscious of the inhumaneness of Ag. Seg in regards to U.S. correctional facilities. This paper will not only discuss why inmates should not be placed in

In 1976, the Mecham v. Fano decision gave a definition to restraining hands doctrine and described the prisoner is to adhere rules applied by the correctional facility (Siegel & Bartollas, 2014). Similarly, the 1991 Wilson v. Seiter decision made by the Supreme Court resulted in that conditions in prison that are uncomfortable are constitutional and simply part of the penalty (Siegel & Bartollas, 2014). Consequently, the Turner v. Safley case resulted in that the Supreme Court ruling allowed marriages among prisoners but gave the power of restrictions to prison officials in lieu of compromising safety to the facility, prisoners, and employees (Siegel & Bartollas,

By 1970s the federal judges made changes on prisons and jails throughout nearly every state. The changes such as law libraries, legal assistance, communication to the outside is easier, religious rights are protected, inmate complaints, and due process rights are now all being emphasized. With a big change that no one knew how it could work is inmates in solitary confinement now suffer less neglect than before. From the huge threat of lawsuits and public exposure placed mostly in the correctional bureaucracy on higher guard. Wardens now refrain from the traditional disciplinary actions which may cause a judicial intervention. From this change, it has brought in improved management, new administrators and reformulated policies. The impact of the extension of rights has not been measure, but former evidence shows courts decisions have brought a broad effect. In O’Lone v. Estate of Shabazz, the court had ruled that Muslims should be granted the right of free exercise to practice their religions. Hudson v. Palmer, had noted that the protection from search and seizures had not applied within the confines of the prisoner’s cell. Rhodes v. Chapman when two inmates are put in a one-person cell this could be seen as cruel and unusual punishment. In Wolff v. McDonnel this had extended out certain due process right giving more procedures when in prison. All these decisions helped out a prisoner and as well correctional staff as it brought prisoners protection. It gave the staff

When a person goes to prison, they have some of their rights taken away. This is part of the US corrections system. Unfortunately, as these prisoners are released and becoming free US citizens, their rights are not fully guaranteed. These rights are laid out in the UDHR, the US constitution, and are commonplace in the developed countries of the world. For America to not provide recently released prisoners with these same rights would constitute a violation.

The ethical theory of utilitarianism and the perspective on relativism, of prison labor along with the relativism on criminal behavior of individuals incarcerated are two issues that need to be addressed. Does the utilitarianism of prisoner’s right laws actually protect them? Or are the unethical actions of the international and states right laws exploiting the prison labor? Unethical procedures that impact incarcerated individuals and correctional staff, the relativism of respect as people and not just prisoner’s; the safety of all inmates and correctional staff, are all issues worth continuous reflection.