Discussion – Inmates Rights

Discussion – Inmates Rights

Inmates’ rights and the U.S. cases that awarded them those rights.

• Right to freedom of association

Inmates have a right to freedom of association, allowing them to come together to express themselves (Schmalleger & Smykla, 2017). This right was awarded during the NAACP v. Alabama case in 1958. The Supreme Court ruled that individuals belonging to an authorized civil rights group can associate with and conduct expressive political debates.

• Right to free speech.

The state and federal courts recognize inmates’ right to free speech (Palmer, 2010). The right was awarded during the Procunier v. Martinez case in 1974, where the state constitution was challenged on the restriction of inmates’ right to free speech. The ruling of the case provides that inmates have a right to free speech under the observation of security officers. They can communicate with close friends and family members through authorized emails and letters (Schmalleger & Smykla, 2017). The need for communication regulation was identified to protect confidential government interests and maintain security within the protective custody.

• Right to fair disciplinary proceedings

According to the Fourteenth and Fifth Amendments, all individuals should access fair disciplinary proceedings. This right was awarded during the Wolff v. McDonnell case in 1974. The Supreme Court recognized due process and explained that due process requires some essential procedures to be completed on time to avoid depriving inmates of their rights. The Supreme Court recognized that inmates have a right to be notified of all charges in detail before disciplinary hearings.

• Right to protection against cruel and unusual punishment

The Eighth Amendment prohibits cruel and unusual punishment toward every citizen, including inmates. It includes banning poor medical care, excessive force, and inhumane treatment of inmates by correctional officers (Schmalleger & Smykla, 2017). Prison officers are also required to protect inmates from attacks by other inmates and ensure that there are no poor and improper conditions in the confinement centers. The Supreme Court awarded the right to protection against cruel and unusual punishment in the Estelle v. Gamble case in 1976, which focused on an inmate’s poor medical provision.

• Right to equal protection.

Inmates have a right to be protected by the law (Palmer, 2010). Equal protection includes avoiding racial and gender discrimination, whereby male inmates may have more opportunities than female inmates (Schmalleger & Smykla, 2017). The right was awarded during the Brown v. Board of Education case in 1954.

• Right to probation

Inmates have a right to probation (Palmer, 2010). This right was awarded during the Morrissey v. Brewer case in 1972, where the Supreme Court recognized the rights of parolees, such as the right to advance notification of the preliminary hearing during hearing proceedings, the right to a fair and neutral decision-maker and the right to be present during the preliminary hearing to determine if the inmate revoked any parole requirements (Schmalleger & Smykla, 2017). This right was awarded in the Gagnon v. Scarpelli case in 1973, where the U.S. Supreme Court granted probationers equal protection before revoking their probation.

How inmates’ rights impact correctional administration.

Inmate’s rights have positively impacted correctional administration in various ways. To begin with, they have set boundaries for security officers in correctional facilities, particularly on the punishment of inmates, hence protecting inmates from cruel punishment. This improves the effectiveness of correctional facilities in transforming criminals, preparing them for reintegration into society, and reducing prison escapes. Inmates’ rights have also enabled correctional officers to view inmates more humanely, hence respecting them and ensuring that they receive basic needs such as proper medical care, including access to medication for inmates with health conditions such as cancer and diabetes. Correctional facilities have also embraced the idea of hiring qualified healthcare providers to treat the patients and ensure that the inmates receive decent healthcare services. Inmates’ rights have also enhanced the effectiveness of correctional facilities in transforming individuals charged with various crimes and preventing reoffending because the right to probation enables criminals to undergo constructive training to equip them with skills they can use to start businesses or look for work, hence earning a decent income instead of turning back to crime. The right to parole has also played a significant role in reducing suicide in correctional facilities because inmates have hope that they will leave the correctional facilities and can apply for parole and leave the facility before the end of their complete sentence.

Perspective about whether inmates have too many or too few rights.

There has been a heated debate on whether inmates have too many or too few rights. The dominant argument is based on the hands-off doctrine, where correctional officers use cruel methods to punish inmates. Those who follow the doctrine argue that inmates should not be awarded any rights because they are criminals (Smit & ̈nkel, 2001). This argument is, however, irrational because not all inmates are criminals. Some inmates are actually in prison for petty crimes, while others end up there due to a wrong ruling that failed to establish their innocence.

In my opinion, inmates are awarded too few rights because they lose the most important right to freedom when they break the law. Being confined also limits their rights because their lives revolve around their cells and interacting with other inmates. They also face a lot of injustices from their fellow inmates and the correctional facilities officers. In some instances, they may also die while in police custody, and nothing is done about it. Inmates are also regularly beaten up by fellow inmates and correctional officers, and some have to live with permanent damages arising from the beatings, such as losing an eye or breaking a limb. Some of these incidents go unnoticed or are ignored to protect the perpetrators. The psychological state of inmates is also often overlooked, further damaging them emotionally to the point that they are not the same when leaving prison and cannot live with their family members as they used to before being sent to prison.

Recommended additional rights to be afforded to inmates and those which should be removed.

One of the additional rights that should be afforded to inmates is the right to psychological care. This right is important to ensure that inmates get the psychological help they need to cope with the challenges they encounter in the correctional facilities, the feeling of guilt and regret because of the crimes committed, and the frustration they may face for not seeing their family members. Another additional right is the right to life. In my opinion, the death penalty should be abolished as a form of punishment and guarantee inmates a right to life even though they have to spend the rest of their lives in correctional facilities. Correctional facilities should, however, consider removing the right to free speech. This is because the right may be misused. After all, some inmates use the letters sent to their loved ones to smuggle contraband into the correctional facilities and plan illegal activities outside the facilities. The right to freedom of association should also be removed because it may facilitate the creation of prison gangs under the pretense of coming together for a shared cause.

References

Palmer, J. W. (2010). Constitutional rights of prisoners. Routledge.

Schmalleger, F., & Smykla, J. (2017). Corrections in the 21st century (8th ed.). McGraw-Hill Education.

Smit, D. V., & ̈nkel, F. D. (2001). Imprisonment today and tomorrow: International perspectives on prisoners’ rights and prison conditions. Martinus Nijhoff Publishers.

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Overview

To successfully complete this assignment, you will need to:
Refer to:
Chapter 11, “The Legal World, Prisoners’ Rights,” in your Corrections in the 21st Century textbook.
This document, Summary of Inmate Rights [PDF].
Use the Strayer University Library to conduct research on the cases that awarded prisoners their basic constitutional rights.
The B.S. in Criminal Justice library guide is a good place to start your research.
You may also find the CQ Supreme Court Collection database useful as you conduct your research.
This brief Kaltura video, Finding Supreme Court Cases Relating to Specific Amendments, shows you how to search for cases by amendment.
Effective corrections personnel recognize that inmates, like other U.S. citizens, are people protected by various constitutional rights. Not only do they recognize that inmates have these rights, but they are also knowledgeable about those rights they are responsible for protecting.
In this assignment, you will have the opportunity to analyze inmates’ rights, the cases that afforded inmates those rights, and the impact inmate rights have on correctional administration.
Instructions

After reviewing Chapter 11 of your textbook, the “Summary of Inmate Rights” document, and conducting research on inmates’ rights and the corresponding case law, write a 3–5 page paper in which you:
Summarize inmates’ rights and the U.S. cases that awarded them those rights.
Explain how inmates’ rights impact correctional administration.
Articulate your perspective about whether inmates have too many or too few rights.
Be sure to include the rationale behind your perspective.
Recommend, based on research and/or experience, additional rights to be afforded to inmates and those that should be removed.
Use three sources to support your writing.
Choose sources that are credible, relevant, and appropriate.
Cite each source listed on your source page at least one time within your assignment.