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Prisoner's Rights In Criminal Justice

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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).

Rights were important because people wanted to be treated fairly and women wanted to be offered the same opportunities as men. In this chapter I have learned about Legal …show more content…

Overtime, so much has changed within the Criminal Justice System. Inmates fought for rights and fairness. Even nowadays many people feel that the Criminal Justice System is not a fair system and that mistreatment still exists. What do these suits stand for? According to (Schmalleger & Smykia, 2015, p. 358), “Most of these suits challenge the conditions of confinement, Under Section 1983 of the Civil Rights Act of 1871, which is snow part of Title 42 of the U.S. …show more content…

According to (Schmalleger & Smykia, 2015, p. 377), “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.” Women knew that going directly to courts would allow them to get the rights that they deserve. “On the heels of the civil rights movement, women wanted guarantees of equal opportunities in school and career, as well as equal pay for equal work. But opponents thought the amendment was unnecessary- and even dangerous” (Davey, 2012). Since I’ve been around, I have been able to apply for jobs that I was interested in, so I could only imagine living in a time where I couldn’t. Also, less pay because I’m a woman sounds unfair also. I’m glad that women had the courage to fight for their rights and prove that they deserve to be treated equally as men.Female inmates endure many obstacles and just as much stress as men. Women have hormone and changes with their bodies that they must tackle quite often. It is not uncommon for a woman to become pregnant in prison or enter the prison system expecting a child. Pregnant inmates still must adhere to rules and proper protocol within the jail. According to (Thomas, 2015), “Many states still require the shackling of pregnant inmates throughout the pregnancy and during labor, delivery,

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One of the first Supreme Court Cases that have happened to obtained Women’s Rights was in 1971. In 1971, there was a Supreme Court Cases called Phillips V. Martin Marietta Corporation. In of this court case Phillips tried to apply for a job of being of a preschool teacher and was denied. Phillips wasn’t the only one who applied and didn’t receive the job, since 80% of the applicants were denied because the were all women. So, once has just Phillips found out that she was denied from a job, just by her gender she took it the authorities to show them what Martin Marietta Corp. was doing.

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The creation of the declaration of independence gave unalienable rights to life, liberty, and the pursuit of happiness. At first with the passing of the declaration of independence human rights was unfortunately still not extended to all men, only white men, and not to women. Human rights did not change much through 1776 and 1790. However these rights created by the declaration would lead to the mass change of rights to women and slaves in the 18th century. The evolution and spread of human rights to women and slaves was a positive thing as it made them pertain to all humans now as it should.

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On July 9th, 1868 the Fourteenth Amendment was adopted in order to secure the previously infringed on rights of formerly enslaved African Americans. This racially charged amendment was intended to guarantee the protection for these former slaves, yet this amendment was distorted in order to justify and deny rights for women, gay couples, men, and various other minority groups. Through examining specific cases such as, Muller v. Oregon and Bradwell v. Illinois, it becomes evident that this amendment has been used both positively and negatively to effect women’s rights and protection under the law. Especially in regarding the 19th century, the Fourteenth Amendment was used to rationalize sexist actions by employers, states, and other officials.

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Angela Davis demonstrates the ongoing violent abuse as she quotes a report on sexual maltreatment in women’s prisons, “We found that male correctional employees have vaginally, anally, and orally raped female prisoners and sexually assaulted and abused them” (Davis 78). However disturbing this blunt sexual contact that male officers take with the vulnerable prisoners may be, the officers adopt even more severe tactics to harass and abuse the women as they often utilize “mandatory pat-frisks or room searches to grope women 's breasts, buttocks, and vaginal areas...” (Davis 79). To add insult to injury, women are virtually incapable of escaping from their abuser(s). Prison employees upkeep their inappropriate behavior as it is believed they will “rarely be held accountable, administratively or criminally” (Davis 78).

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Rights is the power or privilege granted to people either by an argument among themselves or by law. Major events that occurred throughout history enabled Americans to obtain wanted rights and freedoms and set up a baseline for the formation of the United States. These gained freedoms and rights promoted life, liberty, and the pursuit of happiness for Americans. Events such as the American Revolution, the creation of the Bill of Rights, the Age of Expansionism, and the Civil War enabled a positive change in rights and freedoms for Americans. Rights were positively changed during the American Revolution the spread of ideas and the solidification of rights and freedom from Britain by the Declaration of Independence.

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Motherjones. Com says that In the late 19th and early 20th centuries, prison labor was largely regulated or prohibited, due in part to efforts by labor unions to prevent competition with low-paid inmates. However, while the trend was reversed again in the 1970s, the consolation remains that the wages and also the working conditions of the inmates are now much better. Regarding gender equality, while it is a fact that the women presently comprise almost half of the total unionised workforce in the United States, but it is also seen that the participation and representation of women in the initial years of labor movements was almost negligible.

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Feminist criminology has been around since the late 1960's and started out centered on speculations brought upon traditional theories of crime. Most traditional theories didn't necessarily ignore women in the criminal justice system yet they generalized crime and what causes a person to turn to crime so that women who commit crimes are overlooked by the generalization. Not only are the numbers skewed when you look at gender in criminal justice offenders but there is also a certain bias in the criminal justice systems workers. In the movie Vera Drake there is a clear example of this when the investigator and the officer come into the movie. While watching you can easily assume that the female officer is treated and thought of much differently

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Web. 24 Oct. 2016. With the clear gender roles in place it was hard for females to get jobs, espilacy well paying jobs were they weren’t constantly put down. It was even worse for females of color as discrimination ran rampant during the progressive era, with lynchings, police brutality, mobs, and other dangers out in the world females of color were degraded for not only being women but for being of a different ethnicity. “Comparison, black women only narrowed that gap by 9 cents, from earning 56 cents for every dollar earned by a white man in 1980 to 65 cents today.”

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The women of this movement were fighting for something they believed they deserve. Because of the Seneca Falls Convention and the Declaration of Sentiments and Resolution, women were able to express their own opinions. The women’s rights movement led to many different events, impacted other countries, and created a new amendment. The feminist efforts in the mid 1800s were successful enough to allow women to take on occupations and educations they weren’t able to obtain

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