Legal Rights of Inmates - Research Paper Example

? Legal Rights of Inmates Legal rights of Inmates Introduction Although inmates do not always have the full constitutional rights, they have a number of basic rights that are protected and governed by both federal and state laws. For example, the 8th amendment of the United States constitution prohibits subjecting inmates to inhuman conditions as well as other forms of cruel and unusual punishment. This protection not only requires that inmates are given a minimum standard of living, but it also allows inmates and prisoners to retain some constitutional rights, such as the right to access the parole process and the right to administrative appeal (Smith, 1999). According to 1848 Supreme court ruling, some of the cruel and unusual punishment prohibited by this amendment include beheading, drawing, and burning alive among others. Despite the fact that most of these forms of punishment are no longer being practiced, the scope of protection of the inmates against inhuman treatment remains unchanged. Consequently, any punishment that violates the dignity of an inmate is prohibited by the constitution. Additionally, the pretrial detainees who are unable to afford bail have a constitutional right to be housed facilities that are humane and can not be treated or punished as guilty persons while they are still awaiting trials. On the other hand, the equal protection clause found in the 14th amendment of the constitution has also been used in numerous occasions to defend the rights of inmates. The clause particularly protects inmates against any form of unequal treatment on the basis of creed, race, and sex. This policy paper provided a comprehensive overview of the rights of inmates and the policy recommendations that can be used by correctional officers during the decision making processes in correctional facilities. The basic rights of inmates Despite their imprisonment or confinement, inmates often retain some rights. On of the basic rights of prisoners afforded by the constitution is the right to access fair court representation. Prisoners also retain their fundamental right of bodily integrity; therefore, Correctional officers must always ensure that inmates are not assaulted. For example, in 1962 a court ruling on the case of Robin v. California extended the provisions of the eighth amendment regarding the protection of inmates against cruel and unusual punishment to states (Rudovsky & Bronstein, 2008). Additionally, according to the current constitutional provisions, the only civil rights that inmates may lose are those that are taken away by the necessary implication or expressly by a constitutional act. Apart from protection against cruel and unusual punishment provided by the eighth amendment, federal laws also accord inmates a number of freedoms, such as the freedom of religion, speech and the right to equal protection under the federal and state laws with no regard to any discriminatory factors (Smith, 2000). Both the federal and state correctional facilities are only allowed to limit any of the basic rights of the prisoners if it is confirmed necessary for security of the correctional facility, crime prevention, and security as well as to protect the security of the inmate or others. Any limitation of the basic rights of inmates should be proportionate to the objectives that the correctional officers are seeking to achieve. Although the courts often rule in favor of correctional facilities and prison establishments involved in curtailing the civil rights of inmates, such rulings are generally intended to help in the maintenance of order and inmates retain their right to low but basic standards of living; they have a legal right to complain if they feel that their rights are being violated. In the Procunier v. Martinez (1974), a number of prisoners challenged the censorship of mails directed to inmates. The court ruled that any restriction on the freedom of speech of inmates should be justified on the basis of prison security and public interest. Prisoners also have the right to equal treatment without discrimination against their race, gender, or creed. The incarcerated have the right to conjugal visits and, correspondingly, right to be free from sexual crimes like sexual harassment. For example, a federal court in the district of Colombia recently found prison officials exposing prisoners to rape, sexual harassment, sodomy, assault and other abuses of female inmates. According to George (1991), inmates and prisoners also have limited rights to complain and voice their concern about the way they are treated whenever they think reforms should be made. Inmates do have a right to litigation and fair judgment. This particularly came into effect in 1996 when congress successfully passed the prison litigation reform act (PLRA) which has been described by many opponents as unfairly limiting inmate access to the court system. Consequently, correctional officers should respect the right of inmates to appeal court rulings as well as access probation. Prisoners and inmates do have a right to participate in elections as part of the universal suffrage. In general, since the rights of inmates and prisoners are limited, they are secured some rights that safeguard their lives. According to Smith (2000), correctional facilities should be seen much more as rehabilitation centers rather than condemnation ones. Right to basic living Conditions One of the widely contested rights of inmates is their right to low but basic standards of living. It is, however, important to note that as provided in the eighth amendment, all federal and state correctional facilities must provide inmates with the minimum measure of life’s basic necessities. Generally, some of the common factors that can be used to measure the adequacy of the living conditions at the correctional facilities include overcrowding, unsanitary living conditions, nutritional value of the prison food, accessibility to necessary medical care, general hygiene, safety of the buildings in the correctional facilities, access to courts and the general safety of the inmates (Bowden, 1988). Those facing incarceration have the right to be properly sheltered in humane facilities rather than dilapidated prisons. In 1995, a Massachusetts federal court ruled in favor of the inmates after finding out that their constitutional rights were violated when they were confined in an old prison lacking toilets and infested with vermin. Their cells should be well fumigated and the ratio of inmates to washrooms reduced. Inmates are also entitled to proper medical care and attention. The health services provided to them must be adequate to complement their right to life (Winner, 2007). Disabled inmates have the right to proper facilities and special programmes advocated for by the Disabilities Act to make their lives comfortable. Mentally incapacitated prisoners and inmates are never subjected to comprehensive hearing. There are also a number of other important legal rights of inmates that should always be observed by correctional officers. For example, the officers should not subject any inmate to physical attack unless such assault is done in good faith to control a precarious situation. On the other hand, the inmates also have a legal right to be protected from being attacked by other inmates. Additionally, correctional facilities should always provide inmates with regular nutritious and nourishing food on a daily basis. Inmates who are in need of mental health have a right to receive the necessary treatment depending on the circumstances. With regard to the rights contained in the first amendment like the freedom of speech, inmates only retain the rights which are consistent with their status of confinement, and such rights should be subjected to the objectives of correctional facility, such as maintenance of security, order and discipline (Schneebaum, 1998). Consequently, correctional officers have the legal authority to open any letter or correspondence sent to the inmates. Additionally, the Supreme Court has recently ruled that any inmate subject to disciplinary proceedings or investigations have a right to be given advanced written notice as well as the right to have their own witnesses. It is important to note that in most cases inmates are not usually entitled to legal representation by counsel during disciplinary proceedings or investigations. Parole rights of inmates refer to the right of confined individuals to conditional early release which often involves meeting severe restrictions in order to maintain personal liberty. Unlike pardon, parole can only be granted by Department of Corrections through the state administrative branch. Lastly, prisoners are entitled to pardon rights. This usually occurs when an inmate is granted clemency or Pardon by the chief executive, such as the Governor or the President. In such cases, the inmate is acquitted from any future penalties related to the conviction. There are a number of other rights of inmates that are not legally guaranteed but are often regulated by the individual correctional facilities (George, 1991). For example, although visitation is not considered one of the legal rights of inmates, it is typically allowed by and regulated by correctional and prison systems. On the other hand, inmates do not usually have any legal protection from search and seizure of their property or body during their confinement period. Conclusion In conclusion, irrespective of their ill perception by the society, inmates and prisoners are not deprived of some of their inherent legal rights. Generally, most of the rights of inmates have a constitutional basis and are also supported by the current model sentencing and corrections act which protects inmates from any discrimination on the basis or religion, race, sex, and nationality. Although there are other rights, such as the right to visitation that are not legally guaranteed, correctional officers have a responsibility to regulate such rights depending on the policies of the particular correctional systems. References Botta, C. (1990). Inmate Access to the Courts and More Through New York State's Prison Law Libraries. The Bookmark 48, 296-299. Bowden, R. (1988). North Carolina County Jail Inmates' Right to Access Courts. North Carolina Law Review, 66, 583-601. George, B. (1991). Legal Status of Prisoners. In American Bar Association Standards for Criminal Justice. Boston, MA: Brown publishers. Schneebaum, M. (1998). Human rights in the United States courts: The role of lawyers. Washington & Lee Law Review, 34, 76-78. Smith, C. (2000). Law and Contemporary Corrections. New York: Wadsworth/West Publishing Company. Sturm, S. (1993). The legacy and future of corrections litigation. University of Pennsylvania Law Review, 142, 638–738. Rudovsky D., Bronstein A. (2008). The Rights of Prisoners: A Comprehensive Guide to Prisoners' Legal Rights Under Present Law. Illinois, IL: Southern Illinois University Press. Winner, B. (2007). An introduction to the constitutional law of prison medical care. Journal of Prison Health, 1(1), 67-84. Read More