Preview

Why Do Prisoners Have Rights In Prison

Good Essays
Open Document
Open Document
662 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Why Do Prisoners Have Rights In Prison
Prisoners have constitutional rights but those rights need to be balanced with the operation of a jail or prison. There are mandatory rights the administrators of prisons and jails need to provide but they are balanced so that facility can meet court requirements and maintain a safe operation. We will discuss these issues in detail. The first thing we need to remember is that prisoners do not have full constitutional rights; after all they have been convicted of a crime so they do loose some rights. Let us discuss what rights prisoners do have and are ones administrators must provide; they are protected by the Constitution’s prohibition on cruel and unusual punishment which means they must be afforded a minimum standard of living. They also have the right to due process in terms of administrative appeals, as well as the right to access to the parole process. Another area where prisoners are protected is against unequal treatment on the basis of race, sex, and creed. In addition there is the Model Sentencing and Corrections Act which provides that a confined person has a protected interest in freedom from discrimination on the basis of race, religion, national origin, or sex. Prisoners also …show more content…
“Under the umbrella of the Sixth Amendment, inmates have the right to attorney visits (known as legal visits). However, this does not mean unrestricted legal visits. Prison administrations may consider prohibiting contact visitation with attorneys if they can show a legitimate penological interest (Stojkovic, S., & Lovell, R., 2013).” After all the prisoner might give orders to his or her lawyer to do carry out illegal actions outside of prison such as order some killed? That is why video cameras are put in place in addition to listening to the conversations between the lawyer and prisoner. Another area that requires restrictions is for prisoners is

You May Also Find These Documents Helpful

  • Satisfactory Essays

    There are a number of conditions that affect parole, both during the time of incarceration,…

    • 510 Words
    • 3 Pages
    Satisfactory Essays
  • Better Essays

    Koror Jail Rehabilitation

    • 1577 Words
    • 7 Pages

    The inmates behave so they may be granted the privilege of learning and practicing these…

    • 1577 Words
    • 7 Pages
    Better Essays
  • Satisfactory Essays

    CRJ 303 Week 5 DQ 1

    • 405 Words
    • 2 Pages

    This file of CRJ 303 Week 5 Discussion Question 1 shows the solutions to the following problems: Legal Rights of Inmates. Choose one of the legal rights of inmates listed in Chapter 14 of the text, Corrections: An Introduction. Compare and contrast that right to people in society whom are not incarcerated. Do you agree that inmates should have the right you have chosen to examine? Why?…

    • 405 Words
    • 2 Pages
    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

    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
  • Satisfactory Essays

    I believe that criminals should retain certain civil rights because they are in fact humans at the end of the day and are still American Citizens. I believe they should still have access to certain rights because to me, it would be inhumane to completely abolish all the rights of the individual that is being punished. I believe that there should be rights that are considered permissable but that are not in contradiction to the rules or regulations of the prison where the individual is captivated. These individuals all come from somewhere, either a family, friends, or a work environment. I believe that the lives of many are impacted by the restraint of the individual and if the individual that is convicted can't stay sane due to the lack…

    • 200 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    CJUS

    • 684 Words
    • 3 Pages

    Though inmates have specific rights divulged to them, there are some rights they don’t have, which brings me to the issues that exist around the legality of correctional programs. Some of these programs include but aren’t limited to the juvenile delinquent world…

    • 684 Words
    • 3 Pages
    Good Essays
  • Good Essays

    If the inmate doesn’t have a mental illness, then the options for inpatient care are harder to acquire. It takes special security and regulations to take a prisoner to a public hospital because they are considered a threat to the public, regardless of his or her crimes. If the inmate’s life is in danger, then there might be no choice but to take him or her to the hospital for inpatient care.…

    • 519 Words
    • 3 Pages
    Good Essays
  • Good Essays

    In modern America, prisons have become a controversial topic that is prevalent throughout various forms of media, political debates, and social discussions. During the numerous debates of the 2016 presidential primaries, politicians argued about how the prison population has grown rapidly to approximately two million people. In news programs and newspapers, there are extensive reports about the quality of the conditions in various prisons. In several popular television shows and movies, there are diverse sets of characters who struggle to survive daily life in prison. Although there are several conversations about prisons, an aspect that is frequently forgotten is the rights of current and former prisoners. Because of certain laws, when an individual is convicted of a crime, he or she loses…

    • 531 Words
    • 3 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

    The “penitentiary is a zoo and the inmates are caged animals” (Hirliman, pg.24). Lessons from our tour support many complaints from inmates in the book. An inmate not receiving his glasses or specific medicine until weeks later, is torture in not being able to see but still expected to perform all actions of other inmates. When controlling shower times, spraying pepper spray, being strapped to a chair for hours at a time, are put in the hands of the wrong people, is immoral no matter how hard, they try to justify it. When “I dont know” or “just cause”, are the reasons for performing an action to inmate it’s not right.…

    • 1206 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Over the past decade, the media has broadcasted many reports of inmate abuse. By subjecting prisoners to unfair treatment by guards and inhumane living conditions, the United States criminal justice system violates the “nor cruel and unusual punishment” clause of the eighth amendment. (Mrs. Brown has approved this introduction) The system should hold prison guards accountable for excessive or vicious treatment of prisoners.…

    • 545 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Inmate Rights

    • 556 Words
    • 2 Pages

    Inmates all across the country have multiple rights such as the right to hot meals every day and the right to shelter. This could be deemed common sense. They also have their Miranda Rights read to them upon being arrested. But, do prisoners have more rights that what we believe? The answer may be yes.…

    • 556 Words
    • 2 Pages
    Good Essays