What Are Conditional Rights Of Prisoners?

Prisons and jails remain skeptical of the differences revealed between stabilizing the constitutional rights of prisoners and the function of the actual facility. Constitutional rights kept by inmates must be balanced against security concerns of the prison. However, these constitutional rights can be disregarded for security purposes if the situation presents itself. The Supreme Court developed a test consisting of four questions to indorse the constitutional rights of inmates and the valid needs of prison administrators. (Collins, 2007) This test is known as The Turner Test.

Williams and Arrigo stated, “The correlativity of rights and duties means that the rights of people imply duties that others must acknowledge and value” (176). Basically, if an individual has the right to something, others need to acknowledge that right, even if they don’t agree with it. Three rights follow: 1) Right to a prompt, fair trial by jury, 2) right to privacy, 3) right to keep and bear arms. The criminal justice system has the duty of providing a prompt, fair trial by jury to anyone convicted of a crime. People simply cannot throw an individual behind bars without proving to a jury that they committed a crime. It is the duty of the court systems, juries, attorneys, and other professionals within the justice system to assure defendants

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 United States has the highest incarceration rate in the world and this leads to having many issues. For instance, human rights abuse and abuse of their the constitutional rights. Some of the abuses that inmates often face are overcrowding, lack of hygiene, lack of proper health care, no proper safety regulations and many more. Inmates in county jails and federal prisons are often overlooked and violated by authorities because it seem as if they had no rights or voice. However, there are organizations and attorneys that focus all their attention in getting proper treatment of inmates and making jail and prison authorities follow the rules. For example, the ACLU which stands for American Civil Liberties Union is one of

If you asked 100 random people to describe a criminal, they would describe someone uneducated, in and out of the justice system, a minority or just a basic street criminal. “National surveys suggest that when Americans think about crime, they see the face of a black jobless high-school dropout from a broken home” (Society, 2013). “Federal researchers found, for example, that many prisoners are reasonably well-educated. More than six out of 10 prisoners are high school graduates, and many attended college. A majority of federal prison inmates and nearly half of all state prisoners are white or white Hispanic, not African American.

Many people who are being convicted of felonies have collateral consequences. Collateral consequences are "civil an/or political rights that are lost temporarily is some cases, or permanently in others following a felony conviction" (Alarid,pg.252). Most people who are convicted felons and suffer from collateral consequences, can ruin their reputation which can make difficult for the felon to be trustful or be credible in society. While most of the consequences are mostly temporary when spending time in correctional supervision, others can last a life time. In the book, they gave good reasons why offenders are removed some of their civil rights. One of reason is that they remove their rights to maintain public confidence in the court system

There has been numerous class actions challenging prolong solitary confinement. Due process along with rights guaranteed under the eighth and fourteenth amendment has been brought into questioning. The eighth amendment specifically states that the US federal government is prohibited from imposing excessive bail, excessive fines, or cruel and unusual punishment. The fourteenth amendment addresses citizenship rights and equal protection of the laws, which was proposed in response to issues related to former slaves following the American Civil War.

Correctional Agency is an organization that is in charge of supervision and administration of already sentenced criminal. Corrections permit’s solid protection communities by working operating sheltered secure offices that keep criminals under firm, reasonable practices. With that being said, there is an extensive variety of treatment that is provided that helps rehabilitate the offenders. For example, vocational programs, that assist with retaliation and on the job training skills. Please keep in mind that Department of correctional agency’s has been a part of the world for several years, therefore there are tons of programs being offered.

In the U.S. there is a separation of division of powers of democracy that divides the national ("federal") government, and the powers of the individual state government. The American government is directed by the law of the Constitution. The U.S. Constitution is a written set of laws that our government abides by and is superior above all state governments. Under the American Constitution, there is the Bill of Rights that gives the American citizens rights in this country. There are only a few moments where those rights are suspended or revoke from a citizen. One of those reasons or times when a person is revoked or suspended of their civil liberties is when an individual gets arrested and incarcerated.

Article 7 of the Universal Declaration of Human Rights states that “All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination (The United Nations, 1948).” Based on the proximal issues described in the previous section, it becomes clear that prisoners released into the community without the proper support and resources is forcing them to thrive with inadequate and unequal protection of the law. In addition, former inmates face additional discrimination any time that they face struggles, as they are more likely to be judged harsher than a first time offender of the same crime.

Firstly, legal rights grant fair treatment of the accused throughout the unpredictable legal process. In addition, the simple knowledge of your functional legal rights can prevent unnecessary self-incrimination. Finally, legal rights allow the uninformed accused to be considered innocent until proven guilty.

“Blessed are ye, when men shall revile you, and persecute you, and shall say all manner of evil against you falsely, for my sake” (Matthew 5:11 King James Version). One of the greatest joy in the world is to have your freedom. The injustice act of holding someone against their own free will can be considered false imprisonment. The most common issue with false imprisonment is first to prove a crime was committed. Just the other day, I watched on television a former tennis player get arrested. James Blake, an African American, was arrested outside his hotel in New York. Mr. Blake did not have any stolen items on him

The U.S. Constitution is supposed to guarantee the protection of those rights. This is why we go through countless lengths of looking for evidence and testimonies in our courts of law. Regardless of who the person is or what they may have done, discretion should always be used because the evidence will in many cases set the path for the sentence. If all the components are brought properly to the case, then the investigations should work accordingly and as follows from courts to sentencing. Nevertheless, those that are given a guilty verdict are not always the truly guilty defendants, many innocent people have been led to prison and there is where their nightmare begins in living color.

There are several rights that each person in the world have. These rights are not a gifts from anybody, but they are inherent rights that people obtain as a human being, such as the right to life and the right of liberty..etc. These fundamental rights are protected by the law and the state of the country in order to maintain the society system. People usually express these rights without limitation or control, unless exercise these rights encroached on others rights or breached the rules that the government has set. As a result from such breaches and unlawful acts, sometimes persons liberty can be taken away as punishment. Since the emergence of penalty institutions, there have been arisen debate about prisons regime and prisoners

First, I propose that disenfranchising prisoners has the effect of dehumanizing and marginalizing them, sometimes permanently. Philosophically arbitrary and perpetual punishment, including the denial of voting rights to people who have paid their debt, imposes second-class citizenship on millions