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Constitutional rights of prisoners
Sexual violence in prisons
Constitutional rights of prisoners
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On March 15, 2017, at 9:10 p.m at the California Correctional Center located in Susanville,CA a riot occured resulting in the injuries of six prison guards and one inmate. The California Department of Corrections and Rehabilitation stated that an inmate had assaulted an officer on Wednesday in the dining hall of the Prison, around 30 other prisioners rushed to the scene and began assaulting the officers with physical force and the use food trays against the officers. Officers regained control of the dining hall with the use of physical force, pepper spray and non-lethal projectiles to overcome the riot in minutes. Their were four correcitonal officers who were treated for minor cuts and bruises and a couneslor was treated for
It is January of 1704. As John Demos puts it, “A night of winter, a night of want, night of war.” The Iroquoi Indians and French invade an English frontier capturing or killing many of its inhabitants. This is the night that starts the ripple effect that John Demos traces in his book, The Unredeemed Captive: A Family Story from Early America. Of the many that were captured by the Kahnawake Indians, Revered John Williams, a minister from Deerfield and his large family were among them.
Prison Litigation Reform Act (“PLRA”) generally requires a prisoner Plaintiff to exhaust administrative remedies before filing suit in federal court. Title 42 U.S.C. § 1997e(a) provides that “[n]o action shall be brought with respect to prison conditions under § 1983 of this title, or any other Federal law by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted.” See also Moore v. Bennette, 517 F.3d 717, 725 (4th Cir. 2008). The Supreme Court has interpreted the language of this provision broadly, holding that the phrase “prison conditions” encompasses “all inmate suits about prison life, whether they involve general circumstances or particular episodes, and
The most important issue that must be addressed in this case is the principle of the “evolving standards of decency” and the uses of a national consensus. The “evolving standards of decency” were developed by Trop v. Dulles and have been implemented in one way or another in all of the precedents dealing with “cruel and unusual” punishment. It is important to treat these principles as an important aspect of “cruel and unusual” punishment jurisprudence, therefore turning from these set of principles would be foolish and a disregard for every precedent. However, it is important to acknowledge that each case satisfies the standards by using a different method; some use the presence or lack of state legislature as a judgment of consensus while others look at foreign countries.
You can’t be in the military until you are 18 years old but in the novel Ender’s Game by Orson Scott Card there is a much different approach on that topic. This novel follows the life of Ender Wiggin. Ender has a special ability and is very advanced for his young age. Ender grew up being the 3rd child, which is not very normal for a family in this time period, and his brother bullies him for it. Ender is chosen by the government to join the military.
The Eighth Amendment prohibits inflicting cruel and unusual punishment on citizens. The judicial branch must ensure that the rights and privileges granted to American people by the Constitution are provided equally regardless of their race, sex, or sexual identification (Edmondson, 2017). John Doe after serving two years of a five-year sentence for manufacturing methamphetamines, escapes from prison by hiding in the back of a milk truck. When the milk truck makes its first stop, inmate Doe climbs out of the milk truck and walks away without anyone’s assistance. Inmate Doe manages to find a new set of clothes, catches a ride with a stranger, and shows up at a friend’s home.
Angela Davis in her book, Are Prisons Obsolete?, argues for the overall abolishment of prisons. Amongst the significant claims that support Davis’ argument for abolition, the inadequacy of prison reforms stands out as the most compelling. Reform movements truthfully only seek to slightly improve prison conditions, however, reform protocols are eventually placed unevenly between women and men. Additionally, while some feminist women considered the crusade to implement separate prisons for women and men as progressive, this reform movement proved faulty as female convicts increasingly became sexually assaulted. Following the theme of ineffectiveness, the reform movement that advocated for a female approach to punishment only succeeded in strengthening
Though the prisoners are not there for a comfortable and enjoyable stay, ethical rights are being ignored. How can a someone carry out their sentence rightfully if the focus is taken away from them and put on the judgment of the courts and justice system? Prison overcrowding is without a doubt problematic and inhumane. The mandatory sentencing laws, lack of attention on
In Adam Gopnik 's piece “Caging of America,” he discusses one of the United States biggest moral conflicts: prison. Gopniks central thesis states that prison itself is a cruel and unjust punishment. He states that the life of a prisoner is as bad as it gets- they wake up in a cell and only go outside for an hour to exercise. They live out their sentences in a solid and confined box, where their only interaction is with themselves. Gopnik implies that the general populace is hypocritical to the fact that prison is a cruelty in itself.
The first reading “The Just Barely Sustainable California Prisoners’ Rights Ecosystem” by Marco Shlanger analyzes the process of prison rights reform and how the 1996 Prison Litigation Reform Act restricts litigation of prison rights through imposing increased filing fees and limiting attorney’s fees and damages, specifically in California. Previously, Zacklin’s article underlined the importance of the litigation strategy in order fix collective conciseness (Durkheim) and enable laws that reflect society used by the ACLU. Despite this repressive law, prisoner’s rights are being litigated at a higher rate in California, but the act’s premise cements prisoners as the One Shotters (Galanter) through “friction and starvation”. One Shotters are
There was a recent storm in Hollywood, Florida that left many homes without power. This storm also affected prisoners that were still kept in prisons that lacked of power, supplies, and plumbing during the emergency. This situation relates to The Eighth Amendment. The Eighth Amendment protects people from “cruel or unusual punishment”. Some might view that keeping them in prisons is wrong and against their will.
Why the prison system is flawed The american prison system is flawed and should be changed because it is very expensive to keep it running the way it is, the prison system is helping gangs grow and it can be fixed it is possible. I believe that it needs to change so that cities will have more tax money to fix other things and the people who don't deserve to get released won't be. The prison system is very expensive for taxpayers because they have to pay to employ the officers, they have to pay for the building, the tools, the food for them to eat, there clothing and bedding.
Prisoner’s Rights go back many years ago and prisoners fought for quite some time for equality. Men were granted certain rights and fought to expand those rights while women fought to have rights. “OMETHING HAPPENED TO THE PRISONERS' RIGHTS MOVEMENT FROM 1975 TO THE 1990S; Women happened” (Barry, 2000). There were many court cases that contributed to rights being granted. “One early state case, Barefield v. Leach (1974), demonstrated that the opportunities and programs for female inmates were clearly inferior to those for male inmates” (Schmalleger & Smykia, 2015, p. 377).
Stanford Experiment: Unethical or Not Stanford Prison Experiment is a popular experiment among social science researchers. In 1973, a psychologist named Dr. Philip Zimbardo wants to find out what are the factors that cause reported brutalities among guards in American prisons. His aim was to know whether those reported brutalities were because of the personalities of the guards or the prison environment. However, during the experiment, things get muddled unexpectedly. The experiment became controversial since it violates some ethical standards while doing the research.
Does it make sense to lock up 2.4 million people on any given day, giving the U.S the highest incarceration rate in the world. More people are going to jail, this implies that people are taken to prison everyday for many facilities and many go for no reason. People go to jail and get treated the worst way as possible. This is a reason why the prison system needs to be changed. Inmates need to be treated better.