Inmates Rights Paper

Prisoner rights operate under the understanding that although a prisoner will be deprived of his or her freedom he or she will still be entitled to basic human rights, and these rights must not be infringed upon. Prisoner rights are an important set of checks and balances to help avoid illegal activity and regulate the actions of the corrections department in the criminal justice system. Even though these individuals have committed a crime, he or she is still a person and remains protected for certain basic rights guaranteed to him or her under the United States Constitution.

Awarding individual rights to violators of the law created concern for public order advocates. In 1974, the courts developed a principle known as a balance test. A balance test is, A principle, developed by the courts and applied to the corrections arena by Pell v. Procunier (1974), that [sic] attempts to weigh the rights of an individual, as guaranteed by the Constitution, against the authority of states to make laws or to otherwise restrict a person’s freedom in order to protect the state’s interests and its citizens. Schmalleger, 2009, p. 521) With the balance test in mind, there are a few essential rights provided to persons in the United States by the Constitution. Four of the main amendments that protect prisoners are the First Amendment, the Fourth Amendment, the Eighth Amendment, and the Fourteenth Amendment. The First Amendment is an all inclusive right to the freedom of speech. This entitles prisoners to amenities such as mail, telephone calls, religion, and visitation rights.

Although the communication is supervised and restricted to locations the right is still present even during ones incarceration. Privacy while incarcerated is one right that cannot be effectively provided to individuals. Using the balance test, courts have determined an unannounced and thorough search of an inmate’s cell supersedes his or her right to unreasonable search and seizure. This right is provided to all citizens who are not incarcerated ia the Fourth Amendment to the United States Constitution (Schmalleger, 2009, p. 529). Like most laws governed by the Constitution it evolves and may award inmates a limited amount of privacy in the near future. The privacy will be very restrictive and pertain to actions such as unreasonable body cavity searches, seizure of legal documents, and harassment searches. The Eighth Amendment recognizes a legal precedent for prisoners and acknowledges that prisoners are not exempt from being treated fairly.

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The Eighth Amendment addresses the issue that a prisoner maintains the rights to be free from inhumane conditions by ensuring prisoners are not subject to cruel and unusual punishment. Prisons provide basic amenities to prisoners as a result of this amendment. The essentials usually provided from this Amendment items such as toiletry goods, food, basic shelter, basic clothing, medical assistance, and limited recreational options for mental and physical health purposes.

The Fourteenth Amendment provides all citizens of the United States the right to not be deprived of life, liberty, or property, without due process of law. The Amendment also ensures all persons within its jurisdiction have equal protection of the laws, and the right to access the courts. This amendment is a catch all for prisoners and can be supplemented to every rights violation grievance to have his or her complaint heard before a court. The civil rights act of 1871 falls under the United States Code title 42 section 1983.

Section 1983 states, Every person who, under color of any statute, ordinance, regulation, custom, or usage of any State or Territory, or District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceedings for redress, except that in any action brought against a judicial officer for ann act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.

For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia. (U. S. C. § 1983) The Civil Rights Act of 1871 can be summarized as anyone who causes a person to be deprived of rights guaranteed by the Constitution is liable to that person. Though inmates are in prison, the rights awarded to them under the Constitution still apply. The Americans with Disabilities Act was implemented to prevent discrimination against anyone with a disability.

It also gives a disabled person the right to accessibility of transportation, telephones, and housing. Through this act, inmates with disabilities have the right to accommodations that assist with the person’s mobility and living (Department of Justice, 2011). The California Department of corrections is responsible for the operations of all adult and juvenile institutions in the state of California (CDCR, n. d. ). The State of California created the California Code of Regulations Title 15, Crime Prevention and Correction. The code breaks down the steps, procedures, and definitions, pertaining to the care and management of inmates and parolees.

According to Title 15, “Inmates are directly and constantly supervised or monitored, and observed by the CDC staff, either custody staff or work supervisor as indicated in those regulations, sufficiently to account for the specific where about of the inmates at all times” (3000, Title 15, p. 11). The primary reason for the creation of the Department of Corrections and Rehabilitation, and the California Code of Regulations, Title 15 is to protect the civil rights of the inmates and parolees. Inmates and parolees have the right to be treated respectfully, impartially, and fairly by all employees (3004, Title 15, p. 18). Prisoners are also given rights such as the right to communicate with their family and friends, the right to accept visitation, and the right to be fed but limited and with restriction. Prisoners do not enjoy freedom.

The law recognizes the importance of visitation. The prisoners can accept visits while they are incarcerated because the Department of Corrections and Rehabilitation’s goal strives to transition that prisoner back into the community, and understands the influential role allowing the individuals to keep in touch with society provides to meet that goal. Under the California Code of Regulations Title 15, prisoners have the right to accept visitation while they are incarcerated, but they remain in a controlled environment. Inmates and visitors must follow various rules such as visitors talk to prisoner through telephones, specific days and times, and designated locations for visits.

Inmates are not allowed to engage in intercourse with their visitors and fellow inmates. Any violations of laws regulations or local procedures governing the visit may result in termination, suspension, revocation, or denial of visiting with the person or persons involved as described in section 3176 of the Title 15. Such a violation may also result in exclusion from the facility as described in section 3176. 3. Balancing prisoners individual rights and the maintenance of public order will forever be under a continuing resolution. The Constitutional laws are ever-changing and interpreted on a case-by-case basis. The balance is essential to maintain the safety of the public and prisoners alike.

References

Schmalleger, F. (2009). Criminal Justice Today, 10th ed. Upper Saddle River, NJ. Pearson/Prentice Hall. United States Code, Title 42, Section 1983. Deparment of Justice. (2011). ADA Home Page. Retrieved from http://www. ada. gov. California Department of Corrections and Rehabilitation. (n. d. ). State of California. Retrieved from http://www. CDCR. ca. gov State of California. (2008). California Code of Regulations, Title 15, Volume 20. Retrieved from http://www. cdcr. ca. gov/regulations/adult_operations/docs/Title15-2008. pdf

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