American corrections systems and practices

¶ … correctional law? Explain why.

The most important source of correctional law is the bill of rights (Bartollas,2002).This is because the basic rights of the citizens including those in incarceration are derived from it.

• Which Amendment in the Bill of Rights do you feel is the most important with regard to the rights of incarcerated individuals? Explain your reasoning.

The 5th Amendment

This is because it categorically states that no individual shall be held to answer for either a capital offense or an infamous crime unless ion an indictment or presentment of a grand jury with the exception of cases that arise in the land or of naval forces

Discuss the major constitutional Amendments that protect inmate rights.

The 4th Amendment and the 8th Amendment are the major constitutional Amendments that protect inmate rights. The 4th amendment has several provisions on searches and seizures which protects the rights of the inmates against sexual misconduct, body searchers as well as protection of their privacy.It effectively recognizes that the inmates have the right to categorically deny searches within reason if they feel that it compromises their security and privacy (Prisoner rights under law," 2011). The 8th Amendment on the other hand protects them from cruel as well as unusual punishments ("Constitution of the United States," 2011).

• What major issues exist with regard to the legality of corrections programs? Explain.

The major issues include the legality of Contracting for Imprisonment services, the legality of using "scared straight" as well as "shock incarceration" programs, a 1970s technique for scaring or shocking misbehavior teenagers into appropriate behavior and such radical measures or punishments.

Do you feel that prisoners should be allowed recreational programs? Why or why not?

Yes. They should be provided with recreational programs due to the health benefits, social benefits as well as the fact that the bill of rights protects them from unnecessary stress or death related to lack of interaction or exercise.

Do you feel that prisoners should be allowed various types of luxuries such as television, reading materials, and so on? Why or why not?

Yes. They should be allowed access to these materials but with moderation. Luxuries like TV have negative effects on health and behavior while reading can never be dangerous.

• What do you think constitutes cruel and unusual punishment in a correctional environment? Explain.

Cruel and unusual punishment in a correctional environment includes the following;

1. Sexual assault

2. Sexual harassment

3. Lack of food

4. Sleep deprivation

5. Lack of infested cells

6. deprivation of health care

7. Exposure to fire hazards in the holding cells among many more. The list is endless.

• How do you feel about medical care provided to prisoners? Explain.

Should there be any restrictions? Why or why not?

They should be provided with health care without any restrictions. The legal reason for providing adequate healthcare to prisoners were set in motion in the 1976 Supreme Court ruling in the case of Estelle v. Gamble. The supreme court held that the deprivation of health care constitutes a cruel and unusual punishment (Rold,2006) a total violation of the eight Amendment of the U.S. Constitution.

Part 2: page 2

• In your own words, what is the difference between indeterminate sentencing and determinate sentencing? Explain thoroughly.

The main difference between a determinate and indeterminate sentencing system is the time or when the sentence is determined. Under determinate sentencing, the convicted individual knows with reasonable certainty when she or he expects to return to the general community. The release determination is arrived at by the judge. On the contrary, in the case of indeterminate sentencing, the offender's is mainly in a state of flux. Meaning that it is continually evaluated on the bass of the pre-sentence reports, trial judge remarks as well as victim impact statements.

• Why do you think disparate, or dissimilar, sentencing occurs? Explain.

Disparate or dissimilar sentencing occurs when there are different interpretations of the law by the same or different judges.

Why would a court issue a harsher sentence for using crack cocaine instead of powder cocaine or vice versa? Explain.