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Rights Given to Prison Inmates It was only in 1972 in the United s of America (USA) that the rights of prisoners were formally acknowledged in the form of constitutional protection. Until that point, while some rights were afforded, many were limited (Cornell University Law School). Whilst federal prisoners have several rights nowadays; prisoners of the state have no particular status under the law. Most matters relating to federal prisoners are controlled by the Federal Bureau of Prisons (Cornell University Law School).
Some of the main rights given to prisoners include having the right to be in prison free of racial segregation, unless essential for security and safety (Cornell University Law School). Also, prisoners cannot be discriminated against on the basis of their religion, national origin or sex . In addition, they have the right to pursue legal action if they feel prison administrators’ causes them harm and also to fair treatment whilst awaiting trial (Cornell University Law School). Also, prisoners have a right to be prosecuted for their crimes in a timely manner.
Prisoners also have the right to free religion and speech but with some limitations in prison (Cornell University Law School). It must be noted that the courts generally tend to side with prison officials or administrators when going over issues prisoners’ rights in prison. There is no strict scrutiny on whether the prisoner’s living standards are as should be, rather a broader look at whether any constitutional rights are not being met (Cornell University Law School). To conclude, prisoners are afforded some basic rights while incarcerated.
The rights given have gotten substantially better over the years. One right that should possibly be given to prisoners is some privacy as this is non-existent in prisons. Prison administrators do not face a much regulation in dealing with prisoners which needs regulated to promote protection of rights. References Cornell University Law School. Prisoner’s Rights. Online. . [13 May 2011].
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