Prisoner Rights

Although, at a time, prisoners were considered property of prison institutions, times have changed, allowing prisoners to have some rights to avoid abuse by correctional officers and false imprisonment. When an individual is found guilty of a conviction, they give up many rights. So, the few rights they are allowed as prisoners are very precious. These rights not only apply to those incarcerated, but apply to any individual convicted of a felony.

Rights for prisoners give them control of not being abused by the institution and forgotten by society. These rights allow prisoners to appeal their case, sue for damages that may occur while they are in confinement, press criminal charges against attacks from other inmates, and other civil and administrative actions that include divorce, child custody, and financial matters.

There can be positive and negative impacts of prisoner rights. The positive impact off the rights include drawing attention toward the physical and psychological abuse put on prisoners, environmental conditions, false imprisonment, and medical needs. Attention was brought to the public that inmates were being neglected when it came to HIV/AIDS in prisons. Having rights, prisoners were allowed HIV education, prevention, cure, treatment, and support (Betteridge, 2004).

Negative impacts of prisoner rights can be giving prisoners the wrong freedoms and then affect the security of prisons or those that work there. An example would be the censoring of prison mail, both incoming and outgoing. Today, prison mail can be read but not censored. This can be such a negative impact especially when the mail can be used to plan escapes, arrange violent acts, or expand gang activity. It was the case of Thornburgh v. Abbott that a regulation had to be put on periodicals or books threatened the security, good order, or discipline of the constitution (Foster, 2006).

The purpose of the Eighth Amendment is to prohibit the government from “Excessive bail that shall not be required, nor excessive fines imposed, nor cruel and unusual punishments imposed” (Foster, 2006). “The U.S. Supreme Court rules that criminal sentences that are inhuman, outrageous, or shocking to social conscience are considered cruel and unusual” (Farflex Dictionary Website, 2009).

The function of this amendment stands to assure that this power of the government be exercised within the limits of civilized standards (Duhaime, 2008). At one time, the prisoners were property of the government and many prisoners were beaten and abused. Many societies wanted to forget about those who were labeled outcasts and were frowned upon. Prisons, at one time, would be the answer to all criminal acts, even misdemeanors. In that type of system, abuse is inevitable. The Eighth Amendment prevents neglect of prisoners. It is easy to treat others inhumanly when they are seen as not fit for society. The Eighth Amendment prevents prisoners from being treated in and inhuman way (Duhaime, 2008).

Many states feel that the electric chair is considered cruel but it is argued that the electric chair does not torture or leave an inmate in lingering death, but extinguishes life in an instantaneous moment (Foster, 2006). It is thus stated in the Eighth Amendment that all punishments imposed by the government correspond with the offense committed by the defendant (Duhaime, 2008).

The purpose of Section 1983 of Civil Rights Litigation is to allow prisoners their civil rights by giving them some control over their rights as not to be abused. This section allows the prisoner to sue when certain prisoner rights are violated. Section 1983 of Title 42 of the U. S. Code provides “every person of any State or Territory…any citizen of the United States…shall be liable to the party injured in an action at law, suit or equity, or other proper proceeding for redress” (Foster, 2006). This section applies to the welfare of each prisoner. When prisoners are imprisoned, they become outcasts of society and are not seen as that of the human population. However, it is because of this attitude that prisoners are allowed their civil rights.

Certain actions require prisoners to have the support they need that prevents physical attacks by correction officers, correct medical treatment, due process, access to courts, attorneys, good living conditions, religious expression, and others (Foster, 2006). One such case, Powell v. Barrett was the decision of whether jail strip searches violated the Fourth Amendment. Five Plaintiffs were strip searched while being booked into the Fullerton County Jail and felt it was against their rights. This case reached the court of appeals. The 11th Circuit stated the factual premise of this argument was unsupported. This case showed that prisoners are given the ability to process to protect their rights (Newdorf, 2008).

I have to admit that I felt that prisoners gave up their rights when they chose to break the law. I realize that breaking the law does have some grey areas that, at times, can be out of a person’s control. I, like many others, believed prisoners should have no rights but, again, this lifestyle is not so easily put in black and white. Some crimes are worse than others. Not all crimes deserve the same kind of punishment and this is where a prisoner’s civil rights protect them. Prisoners are humans and should be treated as such. They should not be neglected or abused; however, I do believe there are some rights that do not benefit the workers, society, or other prisoners. The one example of prisoner mail shows how certain rights need regulation and protect many. Prisoners need their civil rights but because of the specialization of the environment, their rights still need to be regulated.



















References
Betteridge, Glenn (2004). Prisoners’ health & human rights in the HIV/AIDS epidemic.

Retrieved on June 10, 2009, from http://www.aegis.com/files/caln/

HEPP040901_ref30.pdf

Duhaime, Lloyd (2008). Eighth amendment. Retrieved on June 10, 2009, from http://
www.duhaime.org/LegalDictionary/E/EighthAmendment.aspx
Foster, B. (2006). Corrections: the fundamentals. Upper Saddle River, NJ: Pearson
Prentice Hall.
Newdorf, David (2008). Eleventh circuit decision in Powell v. Barrett creates a circuit
split on jail strip searches. Retrieved on June 10, 2009, from http://www.
section1983law.com/
(2009). Eighth amendment. Retrieved on June 10, 2009, from http://legal-
dictionary.thefreedictionary.com/Eighth+Amendment