Prisoner Rights - 1245 Words

Prisoner Rights Robert Bregante CJS230 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†¦show more content†¦So while the 8th amendment is instrumental in providing a voice for the inmates, it’s also a major component in the evolution of the entire prison system. Just as important as the 8th amendment, is another key element to the evolution of prisoner rights, the section 1983 provision to the civil rights litigati on. This statute is one of the most common forms of prisoners’ rights litigation. With the use of this law it prevents prisoners from being deprived of their constitutional rights. Litigation in the constitution such as this provision is important to the prison system because it legally protects prisoners who are physically attacked, who need medical treatment, whose physical living conditions in prison are inadequate, or who need to gain access to the courts so that they may challenge their conviction or seek defense counsel. For instance, in Royal v. Durison, an inmate was able to file a section 1983 action claiming that he was detained in excess of the maximum time allotted for the crime he committed. Although the courts ultimately ruled in favor of the defender, they took his request for time adjustment seriously and investigated the matter expeditiously (Corrections Caselaw, 2004). The most common form of inmate claims are typically for medication denial and delays, like in Estelle v. Gamble. Gamble filed a suit against the warden, the medical director and the director of the DOC for the lack of medical care he received after injuringShow MoreRelatedPrisoners Right to Vote3654 Words   |  15 PagesShould all prisoners be given the right to vote or should it be limited only to some or to none at all? Provide a reasoned argument for your decision. Examination Code: R12630 Module Code: 6FFLK020 Date of Submission: 28/03/2013 T he majority of democratic societies recognise the right to vote as an essential human right. Despite this, there are a number of countries where leaders believe that the disenfranchisement of prisoners, merely as a result of their imprisonment, is a justified and prerequisiteRead MoreEssay about The Rights of a Prisoner531 Words   |  3 PagesRights of Prisoners While lawful incarceration deprives prisoners of most of Americas Constitutional rights, they do maintain a few constitutional rights. Federal courts, while hesitant to impede with the internal administration of prisons, will interfere to rectify violations of the constitutional rights that prisoners are still entitled to. A prison guideline that oversteps on a prisoner’s constitutional rights is lawful only if it is reasonably related to the safety of the inmates or the rehabilitationRead MoreThe Rights Of Prisoner Rights1470 Words   |  6 Pagesbe explain the what the term â€Å"prisoner rights† mean and which rights are allowed and denied for prisoners. I will also be giving a brief history on and explaining how prisoner rights have changed from the early days till today. I will also try to give my own views on if those changes have been beneficial for the prisoners and how their rights may develop in the future. When it comes to finding out what the exact meaning for the term â€Å"prisoner rights† is kind of hard to explain.Read MorePrisoners Rights1713 Words   |  7 PagesDealing with Prisoner Rights As we evolved into a more civilized society many things changed. Medicine became better; schools and education improved, and treatment of our prisoners became more humane. The constitution of our country clearly prohibits the use of cruel and unusual punishment. No longer would captors be allowed torture that captive with iron maidens or contraptions of the like. These basic rules seem obvious to us today, but they represent the foundation of prisoner rights, the ideaRead MoreShould Prisoners Have Equal Health Care Rights?959 Words   |  4 Pagesfuture health care worker, is should prisoners have equal health care rights. Some people believe that when a person commits a crime, they waive their right to be treated in the same way as others. Some think that prisoners should not have equal health care rights because once a prisoner has committed a crime they should no longer have the same rights as the average person should. From multiple perspectives, people think that prisoners should not have the right to receive health care because citizensRead MorePrisoners Rights954 Words   |  4 Pageshigh-school dropout from a broken home† (Society, 2013). â€Å"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,Read MoreThe Constitutional Rights Of Prisoners1030 Words   |  5 Pagesconstitutional rights of prisoners and the functions of the jail or prison can create great strain on not only the correctional facilities’ staff but on the inmates as well. The treatment of prisoners is typically left com pletely to the prudence of prison administrators and other correctional officials. With that being said, this paper will discuss the differences between harmonizing those constitutional rights of prisoners and the functions of the facility. It will also explain the rights that prisoners areRead MoreShould Prisoners Be Given The Right To Vote Essay example1579 Words   |  7 Pagesï » ¿Should prisoners be given the right to vote? The UK has been accused of breaching the European Convention of Human Rights Article 3 of protocol 1 by having a blanket ban on prisoners voting. The European Court of Human Rights (ECHR) promotes the idea that convicted prisoners should be allowed to vote and have a right to vote, despite the Conservative party being opposed to this view. As a result the ECHR have being pressuring the Tory’s to bow to their rules for many years. This essay will examineRead MoreTheu.s. Prisoners Rights : Denying Health Care Causes Serious Consequences1239 Words   |  5 Pages U.S. Prisoners’ Rights: Denying Health Care Causes Serious Consequences Madison Brenner â€Å"We have the largest lifer population of any prison. The inmates shouldn’t die before they have a chance for parole. They shouldn’t be given a life sentence because they can’t get health care.† Those are the words of Rafael Maldonado, a council member from California, speaking about prisoners’ right to health care (Sterngold 71). The First Amendment states that all citizens are ensured to certainRead MoreShould Prisoners Have Rights?1617 Words   |  7 Pages Should Prisoners Have Rights? Prisoners should be granted privileges depending on the type of crime they committed. There’s different types of felonies that determine how long a prisoner is going to stay in prison. Violent crimes such as rape, armed robbery, and murder are most likely to get life sentences . Most prisoners have about the same amount of rights. There’s those prisoners who committed non-violent felonies/crimes but are serving life sentences. Prisoners who committed