Premium Essay

Prisoner Rights

In: Other Topics

Submitted By breganr
Words 1245
Pages 5
Prisoner Rights

Robert Bregante


April 17, 2011
Michael Lew

Prisoner Rights

A major part of the evolution within the prison system is prisoner rights. Even though citizens loose many of their rights once committing a felony, there are still rights afforded to those individuals incarcerated. Prisoner rights are important to maintaining balance within the prison system. They give the prisoners a voice, which prevents prison officials from abusing their power. Prisoner rights are necessary to maintaining a particular level of care for inmates, for it forces the correctional staff to be more hands on in their approach. This way they may also receive the treatment necessary for proper rehabilitation, as well as the tools for reintegration into society. It seems prisoner rights have played an essential role in the evolution of the prison system; it has had both positive and negative effects on inmates, and when looking at the key elements in obtaining those rights it is important to recognize the 8th amendment and section 1983 of civil rights litigation. Rights for prisoners can be a great benefit to the individual inmate should they choose to take advantage of them. While in the past, the system may have worked against inmates wanting to have their issues heard and a fair review of their case, the present era offers various courses of legal action for inmates to take. Prisoners are now able to speak out against cruel and unusual punishment. They can file lawsuits against prison guards for misconduct, as well as against other inmates, and they can file appeals on their conviction. Negative aspects of prisoner rights are usually felt by the system itself or those working in the system like correctional staff. Since inmates can file lawsuits at relatively no cost to them, guards now have to be extremely careful and conscientious of how they…...

Similar Documents

Free Essay

The Jurisdiction of Rights Allotted to Prisoner of War

...The Jurisdiction of Rights Allotted to Prisoner of War Shane Smith Abstract The jurisdiction and control of prisoners of war have historically been left solely to the military forces that held them captive; the application of rights and treatment being guided and controlled by various treaties and conventions signed by governments. This straightforward, conventional process was, and is, undisputable and logical in its application when it is applied in a conventional ‘civilized’ war; there is room for improvement, but it works. On the contrary, when fighting an unconventional war, with non-state sponsored combatants, the policies need to be reassessed. The Jurisdiction of Rights Allotted to Prisoner of War Our history shows a pattern of war making that is clearly defined, easy to follow, and reasonably undisputable: declaration of war, combat, surrender, treaties and or rebuilding. During the combat phase enemy combatant prisoners are taken, either by force or surrender, and both sides can agree that this is a better alternative to killing. With the exception of prisoner exchanges, these prisoners are held until the conflict is completed. At that time the general prisoners are released and those accused of war crimes are tried. Note that this is not policy, just a general pattern, but it works for a conventional war, a war where the losing side surrenders and both sides announce a cease fire. The problems arise when fighting an unconventional war, such......

Words: 1937 - Pages: 8

Premium Essay

Employability of Ex-Prisoners

...A STUDY ON THE EMPLOYABILITY AND ATTITUDE OF EMPLOYERS, TOWARDS EMPLOYING EX-PRISONERS AND EX-OFFENDERS AS PERCEIVED BY HUMAN RESOURCE MANAGERS IN ORTIGAS PASIG CITY Prepared By: Ms. Marilyn Dimaculangan CHAPTER I THE PROBLEM AND ITS BACKGROUND INTRODUCTION It is well known that employment is an important need of most individuals; it provides income, social connection, and feelings of societal contribution and self worth. What may be less well known are the barriers to employment faced by those with criminal record, the challenges faced by employers in hiring ex-offenders and what can be done to facilitate employment opportunities as record numbers of people transition from incarceration to the community. A great number of employers are reluctant to hire individuals with a criminal past citing lack of skills and work history, untrustworthiness, and fear of liability for negligent hiring, among other things. Employers use of criminal history background checks over the past decades and they are less willing to hire ex-offenders that any other advantaged group. Their willingness to hire ex-prisoners varies according to the industry and position, the type and severity of offense committed by applicant and work experience since release. Employers are not always consistent in what they say versus what they do when it comes to hiring former offenders and prisoners Jail is a synonym for prison, especially when the facility is of a similar size as a prison. As with......

Words: 10043 - Pages: 41

Free Essay

Ethical Treatment of Prisoners

...Prisoner Treatment Ethical Treatment of Prisoners Kathy Dauber SOC 120 Introduction to Ethics & Social Responsibility Instructor: Milagros Baez November 25, 2013 The following paper is about the ethical treatment of prisoners. It will discuss the ethical and moral issues that surround those that are incarcerated and what happens behind the scenes, when they need medical attention and other aspect that happen while in jail. Even those that are incarcerated need to have the proper care from a physician or medical staff, so that their needs can be met even if they have done something wrong. Ethical Treatment of Prisoners Medical Facilities When it comes to prison medical facilities, there usually are not enough in prisons to accommodate the inmates. It has been estimated that 95% of inmates received by the federal prison systems need immediate medical care for preexisting conditions (Alexander, 1972). Those that are larger prisons have their own hospital facilities while smaller prisons and jails use community hospitals. Jails have a more critical problem. The American Medical Association did a survey that showed 65.5% had only first-aid facilities and 78% had no formal arrangements with physicians in the community for the medical care of those in the jails. This same study also found that 80% of the medicines given in jails were given by non-medical personal (AMA, 1972). It is viewed that the inmates are not required or should receive medical......

Words: 709 - Pages: 3

Premium Essay

Prisoner Rehabilitation

...committing the offense while educational programs could focus on how to change negative behavior to positive behavior. Correctional programs in prison facilities are therefore important in reducing the recurrence of criminal behavior as well as reducing recidivism among probationers and parolees. In general, rehabilitation programs have been effective in reducing recidivism among prison convicts since they are mostly focused on treating the criminal causing behavior of prisoners by eliminating completely the factors or circumstances that drive them to commit criminal acts. Criminologists such as Martinson who conducted research on the effectiveness of rehabilitative programs such as educational, community based and transcendental programs noted that rehabilitative programs had a higher efficacy when they were oriented towards providing treatment to prison convicts so as to reduce recidivism. Martinson noted that both the educational and transcendental rehabilitative programs were designed to provide prisoners with life skills that they could use to manage their criminal causing behavior as well as equip them with technical skills that would improve the quality of their lives. Rehabilitative programs that are focused on the principles of effective intervention are able to target the known factors of recidivism thereby necessitating change and also enabling the incorporation of cognitive or behavioral treatments to reinforce the behavior of the criminal offender by......

Words: 2134 - Pages: 9

Free Essay

Prisoners Rights

...Society Tiffany Horvath SOC 305: Crime and Society Instructor: Efua Akoma October 28, 2013 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. More than four out of 10 prisoners were raised in two-parent families, and more than half had fulltime jobs before their arrest” (Society, 2013). Most people lose focus of the different kinds of criminals including white collar crime. “It’s important to understand that as white collar crimes evolved over the years, so too has the white collar criminal. It is this phenomenon that criminologists, sociologists, law enforcement, fraud examiners, and forensic accountants must take into consideration as they investigate white collar crimes. Credit card fraud, forgery, identity theft, internet schemes, larceny, mail fraud, and telemarketing fraud, do not require the perpetrator to be an executive within an organization. In fact, those who......

Words: 954 - Pages: 4

Premium Essay

Prisoner Dilemma

...their personal freedom than about the welfare of their accomplice. A clever prosecutor makes the following offer to each. “You may choose to confess or remain silent. If you confess and your accomplice remains silent I will drop all charges against you and use your testimony to ensure that your accomplice does serious time. Likewise, if your accomplice confesses while you remain silent, they will go free while you do the time. If you both confess I get two convictions, but I'll see to it that you both get early parole. If you both remain silent, I'll have to settle for token sentences on firearms possession charges. If you wish to confess, you must leave a note with the jailer before my return tomorrow morning.” The “dilemma” faced by the prisoners here is that, whatever the other does, each is better off confessing than remaining silent. But the outcome obtained when both confess is worse for each than the outcome they would have obtained had both remained silent. A common view is that the puzzle illustrates a conflict between individual and group rationality. A group whose members pursue rational self-interest may all end up worse off than a group whose members act contrary to rational self-interest. More generally, if the payoffs are not assumed to represent self-interest, a group whose members rationally pursue any goals may all meet less success than if they had not rationally pursued their goals individually. A closely related view is that the prisoner's dilemma game......

Words: 22614 - Pages: 91

Premium Essay

Prisoners Rights

...Prisoner rights are important because they prevent prisons from taking advantage of people. They also help to ensure that the punishment fits the crime. Without prisoner rights, those who are responsible for ensuring that society is safe from people who cannot live by society’s rules would be free to treat prisoners whatever way they saw fit, and abuse would be commonplace. Even though prisoners lose a lot of their citizen’s rights when they are convicted, they still have certain rights that make sure that they are treated fairly. Some of those rights include freedom of speech and religion, freedom from arbitrary punishment and cruel and unusual punishment, and the right to have access to the courts through Habeas Corpus. These rights are guaranteed so that prisoners are not treated unfairly, or even in an inhumane fashion. If these rights were not guaranteed to prisoners, abuse and neglect would be rampant and violence would be worse than it is now. The prisoners’ rights movement has had its effects on the individual prisoner. They now have more access to the courts and benefit from internal procedures which help to resolve disputes within the prison. Because of the prisoners’ rights movement, individual inmates now expect better treatment than prisoners before them had received. The bad side of prisoners having more rights is that some may want more and more rights. This causes the social behavior of the inmates to be of the attitude that they deserve to be treated a......

Words: 289 - Pages: 2

Free Essay

Ww2 Prisoners

...If you have never been a Prisoner of War (POW), you are extremely lucky. The prisoners of war during the World War II, (1939-1945) were treated poorly with no respect or consideration and were given the living conditions worse than animals. It was an extremely bad situation that no human being could survive. They were mistreated, manhandled, beat and even shot defending their country. No one wanted to go to war, but for those men who did, and for those who survived as POWs will always regret it. The Prisoners of War were kept in concentration camps, where it was day to day constant dying and suffering and separation of the family with unconditional weather. 1 They had no real shelter, and kept busy by working, and the odd time even got a chance to play baseball, soccer or some athletic game to stay in shape. 2 They were surrounded by twenty-four hour guard surveillance in the middle of nowhere, so it would be quite useless to attempt to escape, especially at the risk of being gunned down at any given time. The POW were always having to turn their back and keep an eye out for one another. They were considered to be "hostages" and were treated like the enemy. The concentration camps were not very large but were numerous. They contained about 500-600 warriors and were divided into groups of under sixteen, older than sixteen, and of course by gender (Male and Female). 3 This caused many problems with the POWs as they were split from their...

Words: 483 - Pages: 2

Premium Essay

Prisoners Dilemna

...The prisoners’ dilemma is the best-known game of strategy in social science. It helps us understand what governs the balance between cooperation and competition in business, in politics, and in social settings. In the traditional version of the game, the police have arrested two suspects and are interrogating them in separate rooms. Each can either confess, thereby implicating the other, or keep silent. No matter what the other suspect does, each can improve his own position by confessing. If the other confesses, then one had better do the same to avoid the especially harsh sentence that awaits a recalcitrant holdout. If the other keeps silent, then one can obtain the favorable treatment accorded a state’s witness by confessing. Thus, confession is the dominant strategy (see game theory) for each. But when both confess, the outcome is worse for both than when both keep silent. The concept of the prisoners’ dilemma was developed by RAND Corporation scientists Merrill Flood and Melvin Dresher and was formalized by Albert W. Tucker, a Princeton mathematician. The prisoners’ dilemma has applications to economics and business. Consider two firms, say Coca-Cola and Pepsi, selling similar products. Each must decide on a pricing strategy. They best exploit their joint market power when both charge a high price; each makes a profit of ten million dollars per month. If one sets a competitive low price, it wins a lot of customers away from the rival. Suppose its profit rises to twelve...

Words: 921 - Pages: 4

Premium Essay


...|20 December 2015 | |Issued on the authority of |NOMS Agency Board | |For action by |Governors/Directors of Contracted Prisons, Heads of Groups, policy leads. In this | | |document, the term Governor also applies to Directors of Contracted Prisons | |For information |All staff in NOMS HQ | |Contact |Offender Safety, Rights and Responsibilities Group | | |Tel 0300 047 6533 | | |Marion Stubbs – In connection with the amendments (at paragraphs 1.1; 1.2; 1.9; 4.9; and | | |4.12) | | | | | |0300 047......

Words: 10325 - Pages: 42

Free Essay

Prisoner Reentry

...Prisoner Reentry Imagine being in prison serving a five year sentence for your first offense of being a manufacture and distributing drugs. You probably couldn’t picture that in your mind because it is something you never want to happen and think that never would happen. That is what ran through my mind growing up, that I would never experience life in prison. But years ago, after graduating from high school going into college I surrounded myself around the wrong type of people. I found myself being in college that it was hard to get a job and concentrate on school, and one day I was introduced to the possibility of making money. The way I was going to make money was by distributing drugs, and my first few thoughts were; I shouldn’t do this because of the consequences of being caught, or I should take this opportunity to make some good money while in school. At the end of the day I ended up taking the opportunity and after continuing to do it for a year a two months, I was caught distributing and then sentenced to five years of prison. That was the time of my life where I was scared because I did not know what to do or what to expect prison was going to be like for me. My time being in prison everyday consisted of waking up at 7:30am everyday as officers did a roll call, eat breakfast at 8am then go do the job I was assigned to do that day if there was any, from there I would go to lunch and then back to work if there was more work to be done or I would go back to my cell to...

Words: 1242 - Pages: 5

Premium Essay

Civil Rights of Prisoners

...The reason why someone is in a prison is because they violated the law. There have been many debates over their rights and what is believed to be humane. Others agree that if you do the crime than you should do the time and you shouldn’t have the luxuries that law abiding citizens have on the outside. If you think about it, they should be given just the essentials which are food, water and shelter. The purpose of the punishment should be based upon the crime. They have different facilities for different acts of violence. Rapists and murders should be placed in facilities different then robbers and thieves because of the nature of the crime. There seems to be so much overcrowding in the prisons that the unfair treatment seems to be justified. For prisoners that continue to repeat their history it only seems to be the right thing to do to prove a point to them. It doesn’t seem to make sense to keep giving those things such as television, libraries, visitation rights and extracurricular activities. If they are continued to be given those opportunities than they may think to themselves that it isn’t that bad in there. Again I believe that overcrowding has a lot to do with the treatment and rights of the prisoners. Punishments seem to be taking longer due to the overcrowding of the jails and backlogs of the system. Courts and legislatures have taken steps such as getting the accused persons court appearance held quicker but sometimes this isn’t feasible and they are waiting......

Words: 517 - Pages: 3

Free Essay

Research with Prisoners

...history of conducting research with prisoners has been problematic. As a group, prisoners have been a population of convenience; researchers knew where they were and would be, often for many years. In addition, prisoners lived under controlled conditions conducive to research. It was generally accepted to use prisoners as research subjects for testing medicines, drugs, and medical devices without regard to the risks, benefits, and rights of those individuals. As documented in Acres of Skin: Human Experiments at Holmesburg Prison (Hornblum 1998), prisoners were used in lieu of laboratory animals to test the toxicity of cosmetics. In other experiments, prisoners were irradiated in research conducted by the Atomic Energy Commission, rendering some sterile and others badly burned. These are only two examples of many experiments using prisoners as subjects. In 1978, the United States (U.S.) Department of Health, Education, and Welfare, the predecessor to the U.S. Department of Health and Human Services (HHS), issued additional regulations providing safeguards for prisoners as research subjects: Subpart C: "Additional Protections Pertaining to Biomedical and Behavioral Research Involving Prisoners as Subjects." These regulations address the fact that prisoners are under constraints that could affect their ability to make truly voluntary and un-coerced decisions to participate in research. Subpart C imposes strict limits on the involvement of prisoners as research subjects. The......

Words: 2488 - Pages: 10

Free Essay

Prisoner Rights

...The importance of a prisoners rights are to make sure that even though the prisoner is incarcerated that they have the same rights as they had before their incarceration. According to text fifty years ago the prisoner had no rights and they were considered to be outlaws or outcasts in society. The rights of the prisoner are important because the prisoner has a way of being able to open up law suits because of the overcrowding or the poor conditions. The issue of prisoner’s rights has brought a great deal of public attention. Normally when someone enters prison they are giving up certain freedoms for payment of the crimes that were committed. “The United States has more or less agreed that there are a number of rights that can no longer become applicable to the incarcerated person such as the right to come and go freely and were they can spend their free time.” Curriden, M (1995) People that are incarcerated have the right to food, medical care, and to voice their opinions if they feel something wrong has been done to them. The prisoners’ rights are minimal but they are there to protect the prisoner because when they are behind bars it is hard for them to fend for themselves. The state only provides what is absolutely necessary. As Lippke states, “they have rights to liberty of action of certain kinds, to the avoidance of injuries, and to the minimal provisions of certain goods” (Lippke 2002) The prisoners are not allowed to move around freely but move around by the direction...

Words: 699 - Pages: 3

Premium Essay

Prisoners with Special Needs

...Prisoners with Special Needs David Stevens CJS/255 May 30, 2016 Sherri Webster Special needs, mentally ill, and substance-abusing prisoners affect the jail and prison systems at a state and federal level in a multitude of ways. One of the main issues within prisons is the fact that their mental health services can be seriously inadequate and lacking the proper staffing, all while operating in facilities that are not equipped to handle such prisoners, on top of a limited amount of programs to even help these prisoners with their problems. If these prisoners are not cared for properly, it could lead to deteriorating conditions for the prisoners. State and Federal Levels are Affected Jails and prisons are not meant to be home to the mentally ill, yet, when someone who is mentally ill commits a crime and cannot receive help outside of jail or prison, that is where they end up. Schizophrenia, bipolar disorder, and major depression are just a few mental disorders that can plague prisoners in the criminal justice system. One of the main issues with prisoners having these mental health issues is the fact that prisons are not sufficiently capable of dealing with the increasing amount of prisoners coming into the system with mental health disorders (Human Rights Watch, 2016). Human Rights Watch (2016) goes on to state that “Unfortunately, prisons are ill-equipped to respond appropriately to the needs of prisoners with mental illness…Many seriously ill prisoners receive......

Words: 1110 - Pages: 5