Reference no: EM132165010

Respond to 2 student replys 100 words each.

Reply 1

When defining the Hands-off policy, it is understood to be a policy of not intervening. With this policy in place, judges where prevented from being able to determine what rights prisoners had. Which caused many cases of severe punishments, racial discrimination, and the safety of those who were incarcerated. Until the policies changed, the judges refused to intervene.

The First Amendment of the United States allows offenders to exercise their religion freely. One example that explains the Statutes of a prisoner that supports their rights is a prisoners workday. With this right, prisoners are allowed to work 10 hours per day and be returned to their place of detention. An example of case law would be that inmates have the rights to practice special diets for religious purposes. Free of speech is an example of regulations.

I believe that prisoners should have constitutional rights to a certain extent. I don't believe that they should have full rights after committing crimes in our community. I would definitely allow them the right to education, religion, health care, diet, and ensure their safety while being incarcerated.

Also, I would give them the right to seek help and to be rehabilitated so once they transition back into the community, the help needed was received not to commit another crime. Another, key point that I have seen is employment upon release. Some criminals get arrested for stealing or selling drugs, but with no plan on what to do next when they are released, more than likely, they'll do the same exact thing to get money that actually got them in trouble the first time.

References

Clear, T., Cole, G., & Reisig, M. American Corrections (Cengage, 12th Edition)

E., & E. (n.d.). Legal Rights of Prisoners - The Hands-off Period. Retrieved from https://law.jrank.org/pages/1761/Prisoners-Legal-Rights-hands-off-period.html

Reply 2

The hands off policy allowed the individual prison administrators to have complete and unrestrained authority over their correctional facilities and staff (Levinson, 1998). Because of the hands off policy prisoners were routinely kept in terrible and inhumane conditions due to the court systems refusal to be involoved.

During the hands off period a prison in Alaska kept 40 inmates in a facility with room for 20 beds, the facility also only had one shower and toilet, and a single coal burning stove (Mitchell, 2003). Other reported incidents of abuse during this time include a case in Arkansas where prisoners here lashed on their bare-buttocks and subjected to unnecessary electric shock treatment (Mitchell, 2003).

The amendments in United States Constitution help support offender rights. This amendments are the first, fourth, fifth, sixth, eighth, and fourteenth (Mitchell, 2003). For example, the Eighth Amendment in the Constitution protects against cruel and unusual punishment which prohibits punishments that involve unnecessary and wanton pain (Levinson, 1998). The fifth and fourteenth amendment allow the inmate due process and the right to not incriminate themselves (Mitchell, 2003).

I believe that prisoners should have constitutional rights. I also think they should be allowed to have access to healthcare, be allowed to practice their religion, dietary needs should be met, and have access to education. Also I think they should be safe against abuse from others prisoners and guards.

References:

Levinson, L. D. (1998). Prisoners' rights.Denver University Law Review, 75(3), 1055.

Mitchell, D. (2003). Prisoners' constitutional rights. Criminal Justice Studies, 16(3), 245-264. doi:10.1080/0888431032000151000