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The Pros And Cons Of Corrections

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The fact that correction must treat prisoners as humanely as possible, it impedes in providing proper punishment. A result of this is that prisoners will find that they can take advantages of correctional officers that are there to provide safety and security for the prisoners. Although they do have rights within the facility those rights are limited to them. Under the Constitution, federal statutes, states constitutions, and the state statutes they all form a legal foundation which outlines the rights provided to prisoners(Schmalleger & Smykla, 2015). Some of those rights include the First, Fourth, Eight, and Fourteenth Amendment. Under all of these prisoners are protected from free expression, privacy, cruel and unusual punishment, and last but not least, deprivation of life, liberty, and property(Schmalleger & Smykla, 2015).

Also, some prisoners use the 1998 Act to bring proceedings in …show more content…

Since this act has been passed a large number of lawsuits are being placed on prisons. These suits have been referred to as the 1983 suites. The 1983 suits can have a significant impact on the day-to-day operation of state and local prisons and jails by because prisoners are flooding the courts with law suites against violations that they feel violates their rights by the facilities as well as staff that house them. This also makes it hard for the staff of the facilities to perform their duties without having the fear of a lawsuit being brought against them. Any form of neglect or any other unusual punishment that prisoners may feel they are facing can lead to many of the rising numbers of law suites. The 1983 law suits “has imposed a considerable burden on the federal judicial system”(Turner, 1979). Courts have found that they are not always able to handle efficiently the emerging volume of litigation”(Turner,

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The federal courts have stated on numerous occasions that absent unusual circumstances they will not intervene in the internal administration of state prison systems.”). In Plaintiff’s opposition, he argues that the second cause of action is not a Section 1983 claim, but a claim for “negligence under state law constituting a tort.” However, even accepting that as true, Plaintiff failed to comply with NRS 41.031. NRS 41.031

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Some of the reasons that policymakers and voters are favoring intermediate sanctions for nonviolent, low-risk offenders are because it releases the heavy economic burden on taxpayers (Schmalleger & Smykla 2015). Building more and more prisons to house inmates cost money, and that money comes from taxpayers. When more and more offenders are sentenced to prison, the prisons become overcrowded very fast. When overcrowding occurs, disorder is not far behind it. Having to hire more staff and train them correctly also cost the taxpayers money.

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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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The prisoner’s rights movement is mostly recognized for the events that occurred through the 1960s until the 1980s but it is important to review cases beforehand that led up to the movement itself. In the case of Pervear v. Massachusetts of 1866 a case was fought through the Supreme Court. The court ruled that prisoners should have no constitutional rights, which concluded the Eighth Amendment did not apply to them. The Eighth Amendment states “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (US Const. Amend XIII).

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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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The Supreme Court found the denial of medical care to prisoners incompatible with evolving standards of decency and running afoul of the Eighth Amendment, which prohibits cruel and unusual punishment. The Court imposed the obligation of providing adequate medical care on prisons because “[a]n inmate must rely on prison authorities to treat his medical needs; if the authorities fail to do so, those needs will not be met.” To deny such care could result in pain and suffering. The Court concluded that the Eighth Amendment is violated when corrections officials display “deliberate indifference” to an inmate’s medical needs. Deliberate indifference is the conscious or reckless disregard of the consequences of one’s acts or

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Administrative segregation violates inmates’ constitutional rights under the Charter of Rights and Freedoms. It is flawed as a practice and amounts to torture. As such prison systems cannot demonstrate the practice of AS to be justified in a free and democratic society in accordance with section 1 of the Charter. Such infringements on inmates’ rights continue, as the Charter’s, “Legal Rights” sets out rights that protect inmates in dealings with the justice system and to ensure individuals are treated fairly. Consequently, inmates rights are violated when administrative segregation deprives a person the security of person when they expose them to physical, physiological, and social trauma from being denied, for an indefinite period, any meaningful

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When cases are resolved hurriedly, the number of cases law enforcement is handling at once decreases and may help reduce overwhelming multi-tasking, even if the conviction is not accurate. These convictions seem like a solution, but these cases are appealed more often as the convicted person’s innocence can be proved, which leads to more overload and deeper searching into a case than was required originally. Based on estimates of wrongful convictions yet to be proved, “there are over 2.3 million

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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).

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The American court system does not function as a single entity that adjudicates all claims presented before it but as divided courts representing the individual fifty state governments and one the central federal government in a judicial federalism structure. The United States Constitution binds the federal government as it examines the cases before it, and each state government is obligated to its state constitution when rendering decisions. Claims that can originate in either or both systems further complicate matters. These dual challenges have led to a more complex system where each state’s courts and federal courts interpret the other’s laws (Schapiro, 1999, 2023). Judicial federalism recognizes the independence of the individual fifty

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Inmates retain basic First Amendment rights, like freedom of speech, religion and association, and they can exercise them as far as they do not interfere with their prisoners’ status (U.S. Const. amend. I). The restriction of these privileges is justified by the necessity

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The life in prison was extremely cruel, inhumane and torturous till then. The offenders were treated like animals without any sympathy. The Penn’s charter introduced several new concepts such as; a) The practice of releasing an offender on bail : b) The prisoner’s given a choice of their food and lodging ; c) The infliction of punishment in public was to be banished; d) The people who were wrongfully imprisoned were to be compensated.

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Judicial Reform in the United States Supreme Court Introduction: Being well known as the “least accountable branch of the government”, it is more than apparent that the time for reform has come in the Supreme Court. While once withholding great reputations, with issues concerning Justices few and far between, it has been noted in previous years that allegations associated with Supreme Court Justices have been more common. The answer for the increasing problematics is simple: the Justices have grown comfortable. Therefore, it is crucial for the good of the nation that our Justices understand that they too are held accountable by the same laws laid out in the United States Constitution that adhere to the very people they are trusted in governing.

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Every individual in the U. S should have rights which are protected by the U.S Constitution, even if they have violated the law. Prisoners may have done various things that are not appropriate, however, that doesn 't mean once incarcerated your rights should be taken away. The " hands - off" doctrine was segmented in 1954 by a federal appeals court which stated the following, " courts are without power to supervise prison administrators or to interfere with the ordinary prison rules or regulations.) (Adler, Mueller, & Laufer, 2012).

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