Preview

Constitutional Rights Of Incarcerated Prisoners Essay

Good Essays
Open Document
Open Document
511 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Constitutional Rights Of Incarcerated Prisoners Essay
For many years the state and federal courts have spent large amount of time and effort in cases involving constitutional rights of incarcerated prisoners. The courts have made many rulings over the conflicts of prisoner’s rights when it comes to use of force, mail, religious rights, legal procedures, and parole. In addition, the courts faced the issue of the prisoner’s constitutional rights to receive medical aid and proper medical treatment. Many prisoners claim that they are not receiving proper medical attention that they require, or that the prison medical staffs are being neglectful of the inmates medical needs. The courts have ruled in favor to better improve the medical staff and medical treatment for prisoners but there are limitations. Moreover, inmates must understand that …show more content…
Also prisoners that have serious and incurable medical illness like H.I.V require a great deal of medication that is extremely costly to suppress the virus. The H.I.V. virus is very common in prison facilities and are easily spreads through the facility due to many inmates being raped, sharing needles, or possibility an accidental exposure of blood due to a violent physical situation. I feel that many inmates and prison officials face great risk being exposed to the H.I.V virus or other diseases. For example, Prison officials can become exposed to the virus if an infected violate inmate assaulted a prison official, and due to the confrontation the infected inmates blood made contact to the officer causing possible infection. Another possibility of exposure is when a barber gives an inmate a haircut or shave with a razor, and accidentally cuts the inmate in which the barber is exposed to the contaminated blood. Plus, as I mention before many prisoners are becoming infected to diseases because of the many sexual assaults that happens in the

You May Also Find These Documents Helpful

  • Better Essays

    As the number of prisoners increase within the prison systems today, a question has risen on should prisoners lose their constitutional rights while in prison. Constitutional rights are the rights that are granted to the citizens by the government. These rights can’t be taken away legally. The way a prisoner is treated is not based on their behaviors or what crime they’ve committed, but is left up to the administrators of the prison. “In the late 1960s and early 1970s, the federal courts began to oversee state prison systems and develop a body of law dealing with prisoners ' rights. During the 1980s, however, a more conservative Supreme Court limited prisoners…

    • 2107 Words
    • 9 Pages
    Better Essays
  • Satisfactory Essays

    The Prison Service encompasses three central aims; holding prisoners securely, decrease risk of offending and lastly offer safe, well-ordered institutions in which prisoners are treated humanely, decently and lawfully (Cavadino and Dignan, 2007, p.193). When the state incarcerates, it must accept accountability for the basic care of those it detains. Although prisoners should not expect luxuries during their time of incarceration, they should not be deprived of the basic goods and comforts of life. Certification of access to enough goods should be available to help them develop as the citizens expected to be. Lord Justice Woolf (1991) claimed three necessities for the prison system to maintain steadiness: security, control and justice. In terms…

    • 247 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Wolff V. Mcdonnell

    • 893 Words
    • 4 Pages

    The criminal justice system realizes that inmates do have some rights, however it is also recognized that those inmates do have less rights than free citizens. Taking away some rights of the inmates is a valid punishment and by restricting these rights it helps in maintaining security in prisons. The title of the case that I chose was Wolff v. McDonnell. This case was very important because it uniformed certain rights and freedoms within correctional facilities. “Although inmates received some procedural safe-guards to protect them against the notorious abuses of disciplinary meetings, they did not receive all the due- process rights of a criminal trial” (Clemens, 2002). Nor did the Court question the right of correctional officials to revoke the good time of inmates. In this case, “Robert O. McDonnell, a prisoner, had filed a class- action suit against the state of Nebraska, claiming that its disciplinary procedures, especially those pertaining to the loss of good time were unconstitutional” (Clemens, 2002). McDonnell also complained, along with other inmates, about the limitations on their access to the law library, legal services, and visitation with the inmate legal assistant and that the regulations regarding prisoners ' mail violated the attorney-client privilege” (Keenan, 2005). This case was argued on Argued April 22, 1974 and a decision was made on decided June 26, 1974.…

    • 893 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Regulatory Agency

    • 1475 Words
    • 6 Pages

    The Federal Bureau of Prison’s plays a major role in the regulation of health care in Federal Correctional Institutions, United States Penitentiaries, and Federal Prison Camps. There is a health services division that is responsible for medical, dental, and mental health services that is provided to federal inmates in Bureau facilities, including health care delivery, infections disease management, and medical designations (BOP, n.d.). Medical services are provided by a variety of health care professionals, including psychiatrists, physicians, nurses, physician assistants, dieticians, dentists, and pharmacists (U.S. Department of Justice, 2008). The health care division is also responsible for…

    • 1475 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Regardless of an inmate’s crimes or offenses, they are legally required to have the proper kind of treatment. If the prison can’t meet their needs then they can be transported to a facility that can help them properly.…

    • 519 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Inmates In Jail

    • 952 Words
    • 4 Pages

    Prison is a building in which people are legally held as a punishment for crimes they have committed or while awaiting trial. Today, persons look at prison in different way, the Time Magazine article, “Criminals Should Be Cured Not Caged”, claims in 1968. However, people and management are still experiencing disturbing tactics, which used in the most American public. In the U.S., there were more people recorded reports of police misconduct and fatalities linked to misconduct, according to the article statistics and reporting. Although the occurrence of police brutality is acknowledged by establishments as persistent problem, intentions for it are the best qualified as theories. A prisoner has the right to sue prison guards. Inmates in jail have the right to many resources, including medical care. Prisoners have to get…

    • 952 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    In 1971, President Richard Nixon declared the War on Drugs in America. In 2016, the amount of annual drug arrests in America outnumbered all violent crime arrests combined- most of these arrests being African American men.…

    • 212 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    As a teen, you let the pressures of your peers get to you. You started hanging with the wrong crowd and let the petty crimes pile up on your record. The next thing you know, you’re in prison with your first felony. You’ve learned your lesson many years later and prove it by getting a stable job, staying out of trouble, and living by the law. You’re treated like a regular citizen until you march into the local elementary school on voting day to find out your privilege has been revoked. You’ve paid your debt to society. Shouldn’t you be able to vote? Although some felons have committed really bad crimes, they should be able to vote after their served sentence.…

    • 731 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Regulatory Agency

    • 1461 Words
    • 6 Pages

    The role of the National Commission on Correctional Health Care (NCCHC) is to help improve the prisons quality of health care (The National Commission on Correctional Health Care retrieved from: www.ncchc.org). The first few years in 1970 was when the NCCHC first began, because the American Medical Association found prison’s to be inadequate, health services to be very disorganized, and were not up to its National Standards. In the 1980’s is when the American Medical Association started the NCCHC, which helped evaluate and develop programs and policies that were in need of assistance. Today, the NCCHC is widely recognized and provides the proper leadership setting standards (The National Commission on Correctional Health Care retrieved from: www.ncchc.org). The resources the NCCHC use in prisons have improved correctional facilities along…

    • 1461 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    “Throughout history, many have questioned what rights prisoners should be granted and these issues of what rights a prisoner should have come to the forefront of American society and politics in…

    • 406 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Life In Prison Essay

    • 893 Words
    • 4 Pages

    Prison cells are far beyond just grimey, but often completely unsanitary: covered in urine, feces, and even vomit. Prison food often leads to nutrient deficiencies and is often described as utterly foul. Inmates on bad behavior are put on nutraloaf, a cruelly disgusting food used as punishment for days or months at a time. Prison life is also difficult because the guards are very rarely rebuked for being hostile to the inmates and incomprehensive to their needs or complaints. This negligence is made even more dangerous because of the threat of some potentially dangerous inmates. Prisons and jails, inevitably is a place where people have violent backgrounds and tendencies. In jail there are a spectrum of people there, from people who have done unforgivable actions to those who may have committed crimes out of necessity, to those who may have been incorrectly convicted. The negligence of guards coupled with this spectrum of people, in such unpleasant living conditions create a powerfully terrible and dangerous situation to be in. People have been stabbed, beaten, raped, and even learn how to become better crime, in a facility with the purpose of preventing people from evil actions. The United States has a recidivism rate of nearly 77%. The current dangerous and unwelcoming state of United States prisons have very evidently failed as correctional…

    • 893 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Should prisoners have the right to vote? In the US not all states have the same laws. Depending on the states law, the person with a felony or misdemeanor can or cannot vote. It also depends what type of felony the person has committed. The right to vote is privilege that we all get, but in some states it can be taken away permanently. “Felon voting has not been regulated federally although some argue that Section 2 of the Voting Rights Act can be applied to felon disenfranchisement and that Congress has the authority to legislate felon voting in federal elections” ("State Felon Voting Laws."). The right to vote should be taken away if the person becomes a prisoner.…

    • 747 Words
    • 3 Pages
    Good Essays
  • Better Essays

    The state of prison healthcare in the United States tends to be a complicated issue, largely due to it being a hot topic when discussed with the public. Many inmates are in need of some form of healthcare, whether it be medication, counseling, or mental treatments. However, due to the current environment that these prisoners are in, they may not be receiving the care that they need and deserve. This travesty needs to be addressed and remedied posthaste because while prison inmates may be incarcerated for breaking the law, that does not by any means imply that we as a society do not have an obligation to the wellbeing of these citizens.…

    • 1557 Words
    • 7 Pages
    Better Essays
  • Powerful Essays

    Increasing staff-to-prisoner ratios, classifying and housing inmates carefully, decreasing overcrowding, and providing activities for inmates help to prevent transmission through non consensual risk behavior violence and or rape Preventing violence is the ongoing responsibility of prison staff. Effective staffing and education help prevent consensual but risky behavior sharing contaminated needles, and unsafe sex. For the purpose of HIV infection control in most U.S. prisons, the educational message is that no risk activity is safe, and exposure to semen and bloody body fluids should be avoided. Although the primary goal of HIV education in prisons is prevention, other critical objectives include promoting an understanding that engenders rational and humane treatment of affected inmates. Because of the dynamics of the correctional setting, information provided by people who are not prisoners, from general facts to specific medical advice, often is not trusted. Recommendations to begin antiviral therapy, for instance, have not been accepted as readily in prisons as in the general community. Therefore, HIV education in prisons must transmit information in a manner that…

    • 3423 Words
    • 14 Pages
    Powerful Essays
  • Good Essays

    Parole For The Elderly

    • 1147 Words
    • 4 Pages

    With the rising cost of medical care for the more elderly and chronically ill in the prison system the state has to find a way to bring down costs. One of the ways they are trying to accomplish this is by reviewing and modifying the Compassionate Release Law. Through this law, prisoners are considered for early release or modification of sentence because of age and or illness. Wisconsin is one of the many states that is suffering from financial constraints of maintaining its prison population. Wisconsin's inmate population increased by 14 percent from 2000 to 2007 and the State Corrections budget rose by 71 percent from 1999 to 2005. Health care costs for adult prisoners in Wisconsin rose from $2.8.5 million to $87.6 million from 1898 to 2005. It estimates that the cost of providing medical care for older prisoners will to $25 billion from 2009 to 2019 (O’Meara. 2010). These rising costs are calling for a reviewing by Wisconsin and other states of the correctional system's early release programs for the elderly and ill inmates. One of the reasons for this reconsideration is a change in the standards of compassionate release law for prisoners in state correctional facilities. The new change expands the category of eligibility for sentence modification and streamlines the procedure. Much-reviewing needs to be done in regards to this law.…

    • 1147 Words
    • 4 Pages
    Good Essays