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The Importance Of The Fourth Amendment Rights In Prisons

274 Words2 Pages

First Amendment Right is the freedom of speech, religion, and press these are the rights that the prisoners have, but remains a legal challenge. The freedom of religion is a guaranteed right that’s ruled by the courts to allow prisoners the right to pray in the religion of their choice. Different symbols and practices can be restricted due to institutional security. The religion rights are recognized through the Supreme Court to allow prisoners to practice their religion the most important about these case on this issue limited absolute religion freedom and placed the security institution the above right to attend religious services. Freedom of speech and pressed can be modified and granted by the federal law. The Supreme Court do not allow prisoners to have direct contact with the media. …show more content…

The prisoners have the right to protect their privacy within the prison cells. Guards are not allowed to enter the prisons cells without following proper protocols to do so. The eighth amendment right is the right of the prisoners living conditions such as Solitary confinement is where a violate prisoner is separated from the general prison population. Physical Abuse is when a guard or other staff uses corporal punishment for a disciplinary act among the prisoners. Deadly force in the prison is not an uncommon punishment among the inmates ( Siegel & Bartollas, 2014). The deadly force was used to prevent prisoners from escaping from

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77 Words | 1 Pages

In Bell v. Wolfish, the Supreme Court had to determine if violations of the eight amendments had occurred under the “punitive intent standard” which distinguishes between incarceration and detainment. The court also had to determine if any violations of the eighth amendment had occurred which resulted in cruel and unusual punishment being inflicted upon the inmates who were primarily housed as pretrial detainees. The case alleged that within a new constructed federal jail in New York City

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Should The 4th Amendment Be Stricter?

167 Words | 1 Pages

Billy is on the phone with Bob while they are talking on the phone and someone coughs and it is neither of them. Well, the government are the only ones who can hack phones and listen to phone calls, the 4th amendment has allowed this to happen. The 4th amendment has gavin the right to law enforcement to be cruel and unfair about a search and seizure. Without a warrant you cannot search a person, well not anymore, the government can search anyone at any time in some scenarios. Normally, there is an abundant amount of evidence used to be given the permission to search one’s belongings, but since 9/11 law enforcement needs little evidence to be provided a search warrant.

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Techniques Used In The Book Night By Elie Wiesel

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These techniques were used because they wanted to make moving the prisoners easier so they didn’t have to fight them. And the easiest way to deal with prisoners who didn’t listen was to shoot them on the spot in front of all the other prisoners.

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Why The Fourth Amendment Requires A Probable Cause For Arrest

164 Words | 1 Pages

The Fourth Amendment requires a probable cause for arrest. Substantially, particular things are needed to legally conduct a search or seizure. This incorporates arrest, so a search, a seizure, or an arrest cannot take place without reason. Not to mention, there must be a "court order" for Apple to give the government "customer data." So, since a “court order” must be in place for Apple to give the government “customer data,” that “court order” would have to also take place for an arrest that could conceivably follow.

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Why Is Solitary Confinement Ethically Wrong

638 Words | 3 Pages

Ethically, individuals deserve the right to have some form of communication with others, whether it may be for short or long periods of time. This should not only be a privilege to those who are deemed as criminals by society. Along with not being able to communicate with the outside world, many inmates are prohibited from having a television, radio, art supplies, and also books. These minimal supplies are a small piece of the outside world and these segregated inmates often have to face several months to years without the benefit of them. Concerns about an individual’s Eighth Amendment right

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Bounds V. Smith Argumentative Essay

409 Words | 2 Pages

An inmate’s most important right is to have access to the courts and without that right they “have neither a forum in which to question the conditions and constitutionality of their confinement, nor an arena in which to seek vindication of other alleged rights violations” (Hinckley, 1987, p. 19). So, the foundation of other prisoners’ rights are based this right of access (Hinckley, 1987). Bounds v Smith is a very good example of where inmate fought to ensure this assess. It all began in North Carolina where inmates filed three actions alleging their 14th Amendment right were violated because of denial of access of legal help and research (Bounds v. Smith, 1977).

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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

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260 Words | 2 Pages

The fourth amendment makes it hard for Law enforcement conducting investigations to get information that could be very useful. The apple company gets thousands and thousands of information requests that they are legally not allowed to share,and a large portion of the requests are from people whose devices have been lost or stolen. Additionally, lots of times Apple says no to the information requests, and even once Apple is approved to give personal material they still share a minimal amount of data, however Apple does collect a minimal amount of data. The patriot act allows certain exceptions having to do with terrorists to be made when finding information, and they are very helpful to law enforcement, but only in terroristic situations. Furthermore the amount of information that the Patriot act allows investigators to get for terror crimes just shows how much information we could be getting about horrific criminals that are not yet in jail.

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70 Words | 1 Pages

Unreasonable search and seizure is an asset in this country. It is an asset in this country because the police have to have rules also. If America did away with the fourth Amendment there would not be any crime because the police will be able to arrest anyone without probable cause. The police would have such much power that people will be afraid to even drive through a stop sign.

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The First Amendment is the most important, because of freedom of religion and freedom of speech. Many people think that the fourth amendment is the most important. They think this, because it is important for a person to be able to tell policemen “No” if they ask you if they could search your car or your house. I believe that the fourth amendment is really important, but you wouldn’t be able to tell the policemen “No” if you didn’t have freedom of speech. George Washington said,”If the freedom of speech is taken away then dumb and silent we may be, like sheep to the slaughter” (“Famous Quotes Freedom of Speech”).Without freedom of speech and religion we are nothing.

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670 Words | 3 Pages

The Fourth Amendment to the United States Constitution prohibits the unlawful search and seizure of the personal residences of citizens, and also outlines the right to privacy that is awarded to citizens of the United States. The fourth amendment states: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things being seized. Even after the ratification of the Fourth Amendment, it was permissible for evidence that was seized and collected without a warrant and in violation of the Fourth Amendment to be admissible in court. This remained the common practice until 1914.

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427 Words | 2 Pages

The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated… We all know the fourth amendment. It's the amendment that guarantees our safety within our homes and our personal belongings. Yet, how much do you know about the fourth amendment? The fourth amendment is full of history, controversy, and discussion, even in modern day.

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2717 Words | 11 Pages

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).

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