Prisoners Do Have Some Rights, It Is Essay

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¶ … prisoners do have some rights, it is worth noting that their rights are extremely circumscribed, particularly when contrasted with that of the average citizen who is not incarcerated. The most salient right that prisoners have is afforded by the Eighth Amendment of the United States Constitution, which strictly forbids cruel and unusual punishment (Dolovich, 2009, p. 881). As such, prisoners are entitled to a minimum standard of living. However, in several prisons it is extremely difficult to enforce this particular amendment, largely due to the fact that much of what takes place in a prison setting is well beyond the reach of the public's discernment. Another highly important right that prisoners have is their right to due process, which is directly related to their ability to appeal decisions and to access less restrictive forms of punishment, such as parole. Due process means that prisoners are entitled to the same rights -- as pertaining to those two aforementioned...

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It is a valuable instance in which prisoners have the same rights as other citizens .
Other circumscribed rights that prisoners have pertain to practice religion and to practice free speech. Again, it is difficult to enforce these rights since prisoners are sequestered from public view and no one will know if these rights are violated. Additionally, there are a couple of pieces of legislation that have been passed to eliminate discrimination against prisoners on the grounds of nationality or race, religious creed, or sex. The Equal Protection Clause of the 14th Amendment -- which was initially created to apply to ordinary citizens, among them recently liberated slaves -- and the Model Sentencing Corrections act help to ensure that prisoners are not mistreated due to these largely immutable facets of their character.

One particular case that deals with the rights of the prisoners in the U.S. was…

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References

Dolovich, S. (2009). "Cruelty, prison conditions, and the eighth amendment." New York University Law Review. 84 (4): 881-979.

Liptak, A. (2011). "Justices, 5-4, tell California to cut prison population." The New York Times. Retrieved from http://www.nytimes.com/2011/05/24/us/24scotus.html?pagewanted=all&_r=0


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