Preview

The Pros And Cons Of Incarceration

Better Essays
Open Document
Open Document
1039 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
The Pros And Cons Of Incarceration
There are many legal aspects that need to be considered when looking at confinement. From potential legal issues that could arise, liabilities and responsibilities of the government, and how methods and practice of incarceration change due to the social and political environments, incarceration is very complex. There are many things that need to be taken into consideration. The government is liable and responsible for the prisoner’s medical care and providing equal protection. However, prisoners should not be given unlimited privacy or communication with others outside of the prison.
A potential legal issue that could arise when taking an individual into custody is the grounds for the arrest and the rights of the prisoners being violated. From
…show more content…
On one hand, prisoners should be treated fairly and with respect. However, on the other hand, prisoners should also have a lot of restrictions because they are in prison for a reason. They are supposed to be punished for their wrongful behavior. According to Naylor (2014), the real punishment for prisoners is the loss of liberty. They lose their free will once they are incarcerated. They should only be provided with what is necessary. Incarcerated individuals should be given equal protection, medical care as mentioned before, and due process as stated in the constitution. All prisoners should receive equal protection. There should not be any discrimination or bias among the officers and the inmates. Going along with equal protection, prisoners should also have their due process rights. In general, prisoners should have fair treatment and receive the same entitlements as a citizen, although it must be reasonable. Prisoners should also be given medical care. If they are injured or harmed in any way, they should have the right to be taken care of. Since they are in the government’s care, the government is responsible for providing any medical care the prisoner might …show more content…
To name a few, prisoners should not be allowed privacy or unlimited communication outside of the prison or jail. Privacy is an important right that should not be given because prisoners need to be watched to make sure they are not doing something that is against the rules or doing something that could cause harm to other people that incarcerated. According to Goring (1984), limited privacy is helpful and more effective because officers have to do less unreasonable searches. The lack of privacy has been effective form of punishment. Prisoners should also only have a limited amount of time to communicate with outside people. Depending on the degree of their crime, prisoners should be given a specific amount of time for possible communication with the outside world. According to Goring (1984), prison is meant to keep the public safe from dangerous people, rehabilitate criminals, and punish them. Prisons cannot accomplish this if there are no rules that restrict the criminals in

You May Also Find These Documents Helpful

  • Satisfactory Essays

    When people think of prisons, they imagine that the occupants inside deserve to be there. That a person is doing their time for a crime committed. When it comes to privately owned prisons, the time doesn’t always fit the crime.…

    • 234 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    In, “The Jail,” John Irwin describes what it is like for a criminal to initially be arrested and further processed into a prison. It is at this time that a person first experiences a complete loss of freedom. Before, they had choices and could do as they wished with their lives, whether it be positive or negative. Once under arrested, these people have arguably less rights than slaves did hundreds of years prior. They have to be told when to sit, stand, where to walk, and when they can eat. I do not want to be misunderstand and say that this is always a bad thing. These measures are sometimes necessary in order to control and manage people who have not been able to abide by society’s laws.…

    • 729 Words
    • 3 Pages
    Good Essays
  • 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

    population. This gives the city of Cranston more tax and voting power and it gives the politicians in that area more money (Monteiro).…

    • 316 Words
    • 2 Pages
    Satisfactory 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
  • Powerful Essays

    “Inmates of American prisons do not have the full constitutional civil rights of an ordinary citizen, but they do receive some protection under the Constitution. Among these rights are the right to a punishment that is not cruel and unusual, due process, the right of access to parole and the right not to be discriminated against.” (Faranda)…

    • 1840 Words
    • 8 Pages
    Powerful Essays
  • Powerful Essays

    There are different degrees of correctional facilities so it’s important to have different procedures and standards for each facility. For example, there are male and female adult prisons, jails, juvenile detention facilities, mental health facilities and opioid treatment programs. “NCCHC’s leadership in setting standards for correctional health care is unsurpassed, rooted in long experience, deep knowledge and invaluable contributions from the leading experts in the fields of health, law and corrections. As health care evolves, so too do the standards, keeping them relevant and responsive to contemporary concerns and practices,” (National Commission on Correctional Health Care, 2014). Setting these standards it important because it’s vital that inmates in these facilities obtain the proper health care, regardless of them being in jail or not. It is our government’s responsibility to keep inmates healthy as long as they have the capabilities and resources to do so and the NCCHC sets the standards that do this. If the government did not allow for proper health care to inmates there would be extreme ethical issues with that, whether or not some people feel these inmates deserve the health care or not. So the NCCHC’s role is to ensure these facilities or providing the proper health care to all correctional facilities by setting these regulations and standards, accrediting physicians and health care workers to work in correctional facilities as well as educating and training them and checking in on the facilities to be sure they are running the health care programs…

    • 1608 Words
    • 7 Pages
    Powerful Essays
  • Satisfactory Essays

    The author made some good key points why the future generations would condemn us for. Our prison system has become way out of hand. Prisons in the United States hold more people with non- violent crimes than any nation. No individual should experience getting sexually abused or even raped in prison. We are sending too many people to prison. This issue is not the prisons themselves more the sentencing. The industrial meat production in this world is horrifying. No animals that are ready to be slaughter should live in such inhuman conditions. Many individuals in a rural setting, get it from what the raise. With the growth in population and demand for meat, individuals have no choice to get their meat from inhuman factories. The way we treat our…

    • 212 Words
    • 1 Page
    Satisfactory Essays
  • Better Essays

    However, the necessity and effectiveness of punishing inmates can be questioned. For me, to answer the question of the effectiveness and necessity of punishment on people, in general, is difficult. But based on research, the answer is yes and no. I would say no for several reasons mainly because, I do not condone violence, and that is mostly how they punish prisoners. To me the worse punishment for someone serving life on a first-degree murder charge is the absence of forgiveness from the deceased’s family. For most, being in prison is not the hard part, but sitting in there realizing that no matter how hard you repent and apologize, you will never be forgiven, that must hurt more than any physical punishment…

    • 1430 Words
    • 6 Pages
    Better Essays
  • Good Essays

    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…

    • 511 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    When there are million’s of people incarcerated throughout the United States, the ethical treatment of prisoner’s rights must be analyzed. Throughout the years many modifications have been made to accommodate inmates and preserve their basic human rights. Have we as a society done enough regarding the ethical treatment of prisoners or have we made their lives in prison too easy that it is no longer a punishment for them? There are many people in the United States who have strong feelings of what is right and wrong and fall on both sides of this question. Utilitarianism is the belief that moral rules should be choices made by a society to promote the happiness of its members (Mosser, 2010). Through the utilitarian view the argument could be made that these prisoners are being treated to good and not good enough. Utilitarianism gives an understandable, theoretical foundation for moral decision making. Prior to coming to a decision upon a course of action, the utilitarian is asked to consider its effects on the entire population over an infinite period of time (Mosser, 2010).…

    • 3191 Words
    • 13 Pages
    Powerful Essays
  • Better Essays

    Around the world there are many different types of prisons. There are a few reasons why imprisonment is a good of a form of…

    • 900 Words
    • 3 Pages
    Better Essays
  • Good Essays

    Solitary Confinement

    • 1010 Words
    • 5 Pages

    The prison system has to realize that even though prisoners have broken the law they do not deserve to be locked in a room against their own will. Prisoners should not lose the same human born rights every citizen has. Locking them in a room is not a positive way of punishment, it’s rather cruel and does more harm than good. The slow speed the state of New York is improving its solitary confinement is defective. The severely ill inmates who need specific attention should not be a part of the general jail population, instead those inmates need to learn how to behave in the outside world by not being surrounded by the polluted minds of a general jail…

    • 1010 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Private Prisons

    • 745 Words
    • 3 Pages

    Private prisons are made to save money, Therefore many unconstitutional acts take place to reduce costs within the facility. As Joe Davidson stated, “Like any business, private prison companies are in business to make money. That can lead to cost-cutting and understaffing that promotes dangerous and unhealthy conditions” (2016). It is extremely hard to establish a safe environment for inmates without cutting costs. Although, private prisons such as Walnut Grove made operating companies 100 million dollars in revenue (Booth Gunter,2012) it does not mean that the conditions of the prison are up to par. Additionally, it is time for individuals in today’s society to stop focusing on the money, half of individuals would not want their loved ones to live in some of the hazardous conditions that many of these inmates are forced to live in today. Even Though offenders are serving time for disobeying the law, they still deserve to have basic human rights. It is unfair to treat those individuals like they are less than human. Furthermore, Prisons are suppose to rehabilitate the offender and help them stay on the right path when the focus prisons change they began to be less effective than before. After doing research on the effectiveness and safety conditions of Lake City Correctional facility, Idaho Correctional center, Cheyenne Transitional center, Walnut Grove correctional facility to the effectiveness of Federal…

    • 745 Words
    • 3 Pages
    Good Essays
  • Better Essays

    * Who is responsible if the death of the prisoner happens due to natural causes?…

    • 12567 Words
    • 51 Pages
    Better Essays