The Tuscon Unified School District currently has a book "Censorship" taking place due to the determination of Arizona Superintendent of Public Instruction John Hupenthal. His claim is that these chosen books "contain content promoting resentment toward a race or a class of people" and that "materials repeatedly reference white people as being 'oppressors...' in violation of state law." These books, which so many of us have read throughout high school and college have been boxed up and put in storage. Some of these books include the following, House on Mango Street by S. Cisneros, Zorro by I. Allende, The Tempest by W. Shakespeare, Bless Me Ultima by Rudolfo Anaya and over a hundred other books.
Does it happen to be a coincidence that the majority of the books happen to be stories or facts on Hispanic and Native American Historical events or people who are also considered the "social" minority in Arizona? Who are these people who get to say that these books should be banned? They are claiming it to be a "censorship" but in the long run it is a BAN. It is definitely now considered AGAINST THE LAW to pick up one of these books and read it! What happened to our First Amendment which gives us the right to read, speak and think freely applies to all, regardless of race, ethnicity, sex, religion, or national origin?
Saturday, February 11, 2012
Tuesday, August 3, 2010
Impact of Case Law
There have been many case decisions throughout police history that have impacted police procedures. Three such cases that effect policing today are the Terry versus Ohio case, the Miranda versus Arizona case, and the Mapp versus Ohio case.
The case that allowed for the police to perform a stop and frisk was that which involved a Terry and Richard Chilton. It was Detective Martin McFadden who observed the suspicious activity of these three men and decided to approach them. McFadden decided to stop and frisk each man. During the search, guns were found in the possession of Terry and Chilton. Both were arrested and convicted (Dempsey, 2005). Upon appeal, the Supreme Court held, 8-1, that a person may be detained without probable cause to make an arrest if there is reasonable suspicion to make an arrest. A frisk may be justified when its purpose is to discover guns, knives, clubs, or other hidden instruments for assault on an officer (Rush, 2003).
The case Miranda versus Arizona has made an impact on how suspected individuals are interrogated. The case involved an 18-year-old female victim who was raped and released by a 23-years-old male named Ernesto Miranda. Miranda was arrested in connection with the rape. Miranda was known to have a police record dating back to when he was 14 years old. After being arrested, Miranda was identified by the victim in a line up. He was then taken to the interrogation room where he eventually confessed to the crime with no attorney present. Miranda was found guilty and sentenced to 20 to 30 years in prison. It was upon an appeal that the Supreme Court ruled that Miranda’s confession was inadmissible. The Supreme Court ruled that confessions are by nature inherently coercive and so custodial interrogation makes defendants’ confessions compelled, not voluntarily. The courts felt that the interrogations violated individual’s Fifth Amendment rights (Dempsey, 2005).
It is with this case in mind that the police recite a person’s Miranda rights. Before interrogation, a person is advised that he or she have the right to remain silent, anything he or she says can be used against him or her, he or she has the right to consult a lawyer and have that lawyer and have the lawyer present, and if he or she can’t afford an attorney, one will be provided (Dempsey, 2005).
Another case important to police was Mapp versus Ohio. The case involved woman, Dollree Mapp, whose home was suspected as the place where police thought they might find Virgil Ogletree, wanted in connection with a bombing at the home of boxing promoter, Donald King. At the first attempt to search, police were denied entry on the advice of Mapp’s lawyer. Within three hours, the police returned with additional officers. Police forced entry, denying Mapp’s lawyer entry. A paper purported to be a warrant was presented to Mapp on demand. Mapp was handcuffed when she became “belligerent” and the entire house was searched. Pornographer literature was found and Mapp was arrested for possessing obscene materials. The warrant was never produced in court and the Supreme Court reversed Mapp’s conviction based on the police violating her Fourth Amendment. The Supreme Court then extended the exclusionary rule to all state courts and law enforcement personnel. The Supreme Court felt that the exclusionary rule extended prevented individuals from rude invasions of privacy by state officers. The individuals get no more than what the Constitution guarantees and the police officer no less than which is honest law enforcement that is entitled (Dempsey, 2005).
References
Dempsey, J.S. & Forst, L.S. (2005). Introduction to policing (3rd ed.).
Belmont, CA: Thomson/Wadsworth. ISBN: 0-534-64290-X
Rush, George E. (2003). The Dictionary of Criminal Justice (6th ed.).
McGraw-Hill/Dushkin, a division of the McGraw-Hill Companies, Inc.
Saturday, March 6, 2010
Different Types of Stress Experienced by Police Officers
Police work and its environment produce stress that plays physically or mentally on the individual. Four categories of stress confront officers’ external stress, organizational stress, personal stress, and operational stress.
External stress is produced by the dangers and threats that officers face in the line of duty (Dempsey, 2005). Examples of external stress would be high-speed chases or a “gun run” where a person is in possession of a gun. This kind of stress would produce a high strung attitude which could make the officer more apt to respond in a suspicious manner. Socially, the officer is more suspicious of erratic behavior. With all this “on the edge” feelings, an officer would start having high blood pressure and heart problems leading to overall health problems.
Organizational stress is produced by elements inherent with the military character of the police service (Dempsey, 2005). Examples would be the odd working hours, working holidays, and the impact strict discipline. This type of stress affects how the police would work through their day. They could have an attitude of not wanting to be there because they are away from their families. Officers would have more of a tendency to call off. Socially, they would be depressed and not wanting to spend time with others from those they see at work. Personally, this stress would interfere with their family life and put stress on their marriages and any other relationships.
Personal stress is produced by the interpersonal characteristics involved in police organization (Constant, 2005). Examples would include poor training, fear of job competence, lack of job satisfaction, and getting along with other officers. On the job, this can cause critical response on the job, become the stressor for other officers, and reduce their efficiency as an officer. Socially, they become isolated and distant. Personally, they become ill or suicidal. Police have one of the highest suicide rates in the U.S. (Constant, 2005).
Operational stress is produced by the need to confront the tragedies of urban life. Examples are the dealings with criminals, mentally disturbed drug addicts, and expectations of the community (Dempsey, 2005). This kind of stress would effect the officer in that lack of interest in performing 100 percent for those who are unappreciated. Socially, they become more distant and care less for other’s welfare. Personally, the officer becomes more aggressive and moody towards others (Constant, 2005).
Police work is a very high-stress occupation. Police departments should institute stress management programs that identify the type of stress and proper counseling offered to the officers. Examples of proper counseling would be peer counselor training to deal with suicidal feelings, psychological services, physical fitness training, and mental health counseling (Dempsey, 2005).
References
Constant, Terry (2005). Not so obvious police stress. Retrieved on March 9, 2009, from
http://www.tearsofacop.com/police/articles/constant.html
Dempsey, J.S. & Forst, L.S. (2005). Introduction to policing (3rd ed.).
Belmont, CA: Thomson/Wadsworth. ISBN: 0-534-64290-X
External stress is produced by the dangers and threats that officers face in the line of duty (Dempsey, 2005). Examples of external stress would be high-speed chases or a “gun run” where a person is in possession of a gun. This kind of stress would produce a high strung attitude which could make the officer more apt to respond in a suspicious manner. Socially, the officer is more suspicious of erratic behavior. With all this “on the edge” feelings, an officer would start having high blood pressure and heart problems leading to overall health problems.
Organizational stress is produced by elements inherent with the military character of the police service (Dempsey, 2005). Examples would be the odd working hours, working holidays, and the impact strict discipline. This type of stress affects how the police would work through their day. They could have an attitude of not wanting to be there because they are away from their families. Officers would have more of a tendency to call off. Socially, they would be depressed and not wanting to spend time with others from those they see at work. Personally, this stress would interfere with their family life and put stress on their marriages and any other relationships.
Personal stress is produced by the interpersonal characteristics involved in police organization (Constant, 2005). Examples would include poor training, fear of job competence, lack of job satisfaction, and getting along with other officers. On the job, this can cause critical response on the job, become the stressor for other officers, and reduce their efficiency as an officer. Socially, they become isolated and distant. Personally, they become ill or suicidal. Police have one of the highest suicide rates in the U.S. (Constant, 2005).
Operational stress is produced by the need to confront the tragedies of urban life. Examples are the dealings with criminals, mentally disturbed drug addicts, and expectations of the community (Dempsey, 2005). This kind of stress would effect the officer in that lack of interest in performing 100 percent for those who are unappreciated. Socially, they become more distant and care less for other’s welfare. Personally, the officer becomes more aggressive and moody towards others (Constant, 2005).
Police work is a very high-stress occupation. Police departments should institute stress management programs that identify the type of stress and proper counseling offered to the officers. Examples of proper counseling would be peer counselor training to deal with suicidal feelings, psychological services, physical fitness training, and mental health counseling (Dempsey, 2005).
References
Constant, Terry (2005). Not so obvious police stress. Retrieved on March 9, 2009, from
http://www.tearsofacop.com/police/articles/constant.html
Dempsey, J.S. & Forst, L.S. (2005). Introduction to policing (3rd ed.).
Belmont, CA: Thomson/Wadsworth. ISBN: 0-534-64290-X
Evaluation and Judgement
There are a few different ways that people evaluate others. We as people rely on sets of expectations and beliefs about different categories of other people to form impressions of them. First impressions are the strongest and seem to set that certain expectation of that person in future meetings.
Attribution is another tool used for evaluating other people. To understand another person’s behavior, we make judgments, either internal or external. An external behavior is attributed a personal factor. In determining whether the behavior is internal or external, one relies on three kinds of information about the behavior. How distinctive is the behavior? How consistent is the behavior? What is the consensus of the other’s similar behavior?
One more tool used for evaluating is that of interpersonal attraction is the strongest when proximity brings people into frequent contact. Other reasons of attractiveness can be physical, similarity of attitudes, interests, and values.
How we evaluate people can play a role in our expectation of them. As with first impressions, we set up an idea of how that person will be when we next meet them. There is a visual set of how that person will be. This impression rules how we will behave towards that individual, whether positive or negative. As with attributing reasons of behavior, we use this as a way to evaluate why another’s behavior is acceptable or not, which, in turn, influences our attitude towards another person. Attributing a person’s behavior can leave us with positive or negative mind or reaction.
Just as impressions and attributions leave us with negative or positive reactions in body and mind, so does interpersonal attraction to another. Attractiveness in its many forms gives us the reason to be more frequent in our contact with others or our distance with others.
Evaluating people plays a role in out expectations of others in a way that can be a disadvantage. First impressions can create a biased treatment of others that can cause harm to other’s psychological stability. A stereotype can be born from impressions and become a social cancer that can become the ruination of a people (i.e. extermination of the Jewish people during World War II.)
When making an attribution one is guessing about the true causes of a particular action. There are so many guesses that are vulnerable to a number of prejudices that a true attribution can cause harm. As with making an attribution about another’s behavior that is related to one’s culture. One wrong guess can affect other’s attitude towards a culture in a negative influence. There are disadvantages of physical attraction in that one can become obsessed with making themselves to fit what society labels as physically attractive. People obsessed with filling the mold can become financially and psychologically lost trying to please the very essence of attractiveness.
A person can lose all self-value looking for that one person they are “supposed to be attracted to” but never allowing themselves to be open to those who may be different and offer a different look on life.
Attribution is another tool used for evaluating other people. To understand another person’s behavior, we make judgments, either internal or external. An external behavior is attributed a personal factor. In determining whether the behavior is internal or external, one relies on three kinds of information about the behavior. How distinctive is the behavior? How consistent is the behavior? What is the consensus of the other’s similar behavior?
One more tool used for evaluating is that of interpersonal attraction is the strongest when proximity brings people into frequent contact. Other reasons of attractiveness can be physical, similarity of attitudes, interests, and values.
How we evaluate people can play a role in our expectation of them. As with first impressions, we set up an idea of how that person will be when we next meet them. There is a visual set of how that person will be. This impression rules how we will behave towards that individual, whether positive or negative. As with attributing reasons of behavior, we use this as a way to evaluate why another’s behavior is acceptable or not, which, in turn, influences our attitude towards another person. Attributing a person’s behavior can leave us with positive or negative mind or reaction.
Just as impressions and attributions leave us with negative or positive reactions in body and mind, so does interpersonal attraction to another. Attractiveness in its many forms gives us the reason to be more frequent in our contact with others or our distance with others.
Evaluating people plays a role in out expectations of others in a way that can be a disadvantage. First impressions can create a biased treatment of others that can cause harm to other’s psychological stability. A stereotype can be born from impressions and become a social cancer that can become the ruination of a people (i.e. extermination of the Jewish people during World War II.)
When making an attribution one is guessing about the true causes of a particular action. There are so many guesses that are vulnerable to a number of prejudices that a true attribution can cause harm. As with making an attribution about another’s behavior that is related to one’s culture. One wrong guess can affect other’s attitude towards a culture in a negative influence. There are disadvantages of physical attraction in that one can become obsessed with making themselves to fit what society labels as physically attractive. People obsessed with filling the mold can become financially and psychologically lost trying to please the very essence of attractiveness.
A person can lose all self-value looking for that one person they are “supposed to be attracted to” but never allowing themselves to be open to those who may be different and offer a different look on life.
Corrections and Treatment
The purpose of probation is to ensure that orders and conditions imposed by the courts are met by the juvenile offender. Also, probation provides rehabilitation for the offender. According to Siegel (2005), in an effort to make probation work, the state administers organize their services through local courts. Where as, in some states some probation services are split, allowing for a more successful turn out. An estimated eighteen thousand probation officers are employed throughout the United Sates. The importance of probation is that it allows juvenile offenders, who are not considered a danger to society, the opportunity to receive a non-punitive treatment, which allows them to be placed back in to society with knowledge of acceptable behavior.
The purposes of intensive supervision are to decarcenarate or keep out of prison those juveniles who would otherwise be put in secure institutions. Also, there is the purpose to have a closer intense security than that of traditional probation. This kind of supervision gives the community a more secure feeling, allowing the integration of the juvenile to transfer safely. According to Siegel (2005), some efforts of intensive supervision are to make sure that the program is worth the money put into it. One state, Mississippi, had three of its counties use innovative experiments to find that this treatment program does indeed cost less than that of regular probation and cognitive behavioral treatment. The importance of having intensive supervision allows a juvenile the chance to avoid incarceration. It also gives the community the peace of mind in knowing that these juveniles are being monitored carefully.
The purpose of restitution is to allow the juvenile offender to repay for damages or injuries caused by the crime they committed. According to Siegel (2005), efforts in understanding if restitution really works as a treatment are found in analyses that are conducted in some states. Percentages show that restitutions are successfully completed, but that repeated offenses, committed by these juveniles do not disappear. The importance of restitution is that it provides alternative sentencing options, it offers compensation to the victim, and it helps the offender to become a productive member to society.
If a juvenile does not qualify for a community-based treatment program, they must go into a secure institution. One issue that institutions face is the physical conditions of some of the older establishments. Many of the older buildings place all offenders into one single place regardless of the serious their crime. This can create violent differences or injury and threat to those with lesser charges. According to Siegel (2005), the Juvenile Residential Facility Census, shows that thirty-nine percent of the 2,875 facilities are overcrowded, leading to violent escalades. The older buildings present heath issues due to asbestos and vermin that plague the buildings. Many of these buildings are not up to modern codes. Another issue concern is the treatment programs that are offered. The larger the institution, the more programs offered. Despite the good intentions of the program most are not put into maximum effect. According to Siegel (2005), most experts’ feel that correctional treatment has little effect on keeping a juvenile from repeating offenses.
When a juvenile is released from an institution there is a transitional period back into society that can be very difficult for the juvenile. According to Siegel (2005), there are aftercare programs that can make the transition a success. One such program is used by the state of Colorado. Sixty days prior to their release, the youths began a series of step-down measures. Once released, they continue with several months of day treatments that are monitored. Another program used by the state of Virginia, is that upon release the juvenile is put in a group home for thirty to sixty days. During this time supervision is gradually lessened. Contact with staff is also lessened during this time.
References
Siegel, L. J. and Welsh, B. C. (2005). Juvenile delinquency: The core. (2nd ed.). Belmont CA: Thomson Wadsworth.
The purposes of intensive supervision are to decarcenarate or keep out of prison those juveniles who would otherwise be put in secure institutions. Also, there is the purpose to have a closer intense security than that of traditional probation. This kind of supervision gives the community a more secure feeling, allowing the integration of the juvenile to transfer safely. According to Siegel (2005), some efforts of intensive supervision are to make sure that the program is worth the money put into it. One state, Mississippi, had three of its counties use innovative experiments to find that this treatment program does indeed cost less than that of regular probation and cognitive behavioral treatment. The importance of having intensive supervision allows a juvenile the chance to avoid incarceration. It also gives the community the peace of mind in knowing that these juveniles are being monitored carefully.
The purpose of restitution is to allow the juvenile offender to repay for damages or injuries caused by the crime they committed. According to Siegel (2005), efforts in understanding if restitution really works as a treatment are found in analyses that are conducted in some states. Percentages show that restitutions are successfully completed, but that repeated offenses, committed by these juveniles do not disappear. The importance of restitution is that it provides alternative sentencing options, it offers compensation to the victim, and it helps the offender to become a productive member to society.
If a juvenile does not qualify for a community-based treatment program, they must go into a secure institution. One issue that institutions face is the physical conditions of some of the older establishments. Many of the older buildings place all offenders into one single place regardless of the serious their crime. This can create violent differences or injury and threat to those with lesser charges. According to Siegel (2005), the Juvenile Residential Facility Census, shows that thirty-nine percent of the 2,875 facilities are overcrowded, leading to violent escalades. The older buildings present heath issues due to asbestos and vermin that plague the buildings. Many of these buildings are not up to modern codes. Another issue concern is the treatment programs that are offered. The larger the institution, the more programs offered. Despite the good intentions of the program most are not put into maximum effect. According to Siegel (2005), most experts’ feel that correctional treatment has little effect on keeping a juvenile from repeating offenses.
When a juvenile is released from an institution there is a transitional period back into society that can be very difficult for the juvenile. According to Siegel (2005), there are aftercare programs that can make the transition a success. One such program is used by the state of Colorado. Sixty days prior to their release, the youths began a series of step-down measures. Once released, they continue with several months of day treatments that are monitored. Another program used by the state of Virginia, is that upon release the juvenile is put in a group home for thirty to sixty days. During this time supervision is gradually lessened. Contact with staff is also lessened during this time.
References
Siegel, L. J. and Welsh, B. C. (2005). Juvenile delinquency: The core. (2nd ed.). Belmont CA: Thomson Wadsworth.
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
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
Tuesday, February 23, 2010
Things Are Not Always What They Seem
“A Rose for Emily” by William Faulkner and “The Lottery” by Shirley Jackson really stood out to me in a list of readings for my Literature course. It seemed that both authors, who lived in different times, shared the same views on society. Though both stories seem very similar to one another, they also share their differences.
In “A Rose for Emily,” Faulkner definitely expresses his views on society by writing down how the townsfolk spoke of Emily. They always referred to Emily with pity. Throughout the story, it seems that Emily is a misfit because she does not follow the norms of society. Faulkner gives the impression that Emily loses her only love and grows old and somewhat eccentric, allowing only her Black servant to enter her home. The plot of the story, however, is quite deceiving as it is in Jackson’s “The Lottery.” In “The Lottery,” what seems to be an ideal little town is getting ready to hold their annual lottery. Jackson writes about how the children of the town are gathering rocks and playing with each other before they go and wait for the drawing. The men and women eventually gather their children as the time for the drawing nears. Mr. Summers, the man who was in charge of the drawing seems to be a quite jovial man. The writer goes on to write about a woman, Mrs. Hutchinson, coming late to the drawing explaining how she forgot what day it was. As the people start drawing pieces of paper, the feeling of doom comes over the reader for it talks about how the people are somewhat nervous to be doing so. The plots of the story are quite similar in how they are explaining what can be viewed as everyday happenings in a normal town.
The stories not only share similarities in their plots, but in how they end in ironic twists. In “A Rose for Emily,” it turns out that the townspeople had no idea just who Emily was. It turned out she, herself, was not hiding from society, but she was hiding a secret. She had killed that lover of hers who the townspeople had assumed had abandoned her. In “The Lottery,” it turns out that the actual lottery is a death wish. Whoever draws the slip of paper with a “death warrant” on it is stoned to death by the other townspeople. Another similarity that the stories share is the use of symbolism. The black box in “The Lottery” seems to represent it purpose, death. Meanwhile the word rose in “A Rose for Emily” seems to represent the unnecessary pity that the townspeople shower upon Emily.
Though the stories seem very similar, they are actually quite different from each other. In the end of “The Lottery,” the unfortunate Mrs. Hutchinson tries to rebel against the tradition before she is killed. Before the drawing, the townsfolk mention how other nearby towns have quit the tradition due to the young folk who disagree with its purpose. Just as the box in this story has a purpose, so does the story itself. Jackson definitely delivers her negative views on the conformity of society and how sometimes rebelling can be a positive action. In “A Rose for Emily,” Faulkner seems to want to express his ideals on, not only his views on society, but on the importance of a person’s individuality, their identity. Although Emily lives her life in the middle of town she is still quite separated from the townspeople. Though the townspeople think that they know exactly who Emily is, they are proven wrong at the end of the story. It seems that Emily had a secret identity that she was hiding her whole life.
In “A Rose for Emily,” Faulkner definitely expresses his views on society by writing down how the townsfolk spoke of Emily. They always referred to Emily with pity. Throughout the story, it seems that Emily is a misfit because she does not follow the norms of society. Faulkner gives the impression that Emily loses her only love and grows old and somewhat eccentric, allowing only her Black servant to enter her home. The plot of the story, however, is quite deceiving as it is in Jackson’s “The Lottery.” In “The Lottery,” what seems to be an ideal little town is getting ready to hold their annual lottery. Jackson writes about how the children of the town are gathering rocks and playing with each other before they go and wait for the drawing. The men and women eventually gather their children as the time for the drawing nears. Mr. Summers, the man who was in charge of the drawing seems to be a quite jovial man. The writer goes on to write about a woman, Mrs. Hutchinson, coming late to the drawing explaining how she forgot what day it was. As the people start drawing pieces of paper, the feeling of doom comes over the reader for it talks about how the people are somewhat nervous to be doing so. The plots of the story are quite similar in how they are explaining what can be viewed as everyday happenings in a normal town.
The stories not only share similarities in their plots, but in how they end in ironic twists. In “A Rose for Emily,” it turns out that the townspeople had no idea just who Emily was. It turned out she, herself, was not hiding from society, but she was hiding a secret. She had killed that lover of hers who the townspeople had assumed had abandoned her. In “The Lottery,” it turns out that the actual lottery is a death wish. Whoever draws the slip of paper with a “death warrant” on it is stoned to death by the other townspeople. Another similarity that the stories share is the use of symbolism. The black box in “The Lottery” seems to represent it purpose, death. Meanwhile the word rose in “A Rose for Emily” seems to represent the unnecessary pity that the townspeople shower upon Emily.
Though the stories seem very similar, they are actually quite different from each other. In the end of “The Lottery,” the unfortunate Mrs. Hutchinson tries to rebel against the tradition before she is killed. Before the drawing, the townsfolk mention how other nearby towns have quit the tradition due to the young folk who disagree with its purpose. Just as the box in this story has a purpose, so does the story itself. Jackson definitely delivers her negative views on the conformity of society and how sometimes rebelling can be a positive action. In “A Rose for Emily,” Faulkner seems to want to express his ideals on, not only his views on society, but on the importance of a person’s individuality, their identity. Although Emily lives her life in the middle of town she is still quite separated from the townspeople. Though the townspeople think that they know exactly who Emily is, they are proven wrong at the end of the story. It seems that Emily had a secret identity that she was hiding her whole life.
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