Constitutional protections for incarcerated individuals' rights

¶ … 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.

Is this ethical? Why or why not?

I believe the courts were considering accessibility and the danger that the drug posses to the general population. The fact that the 2005 national Survey on Drug Use and Health indicated that 7.9 million people who are aged 12 years or older had used tried the drug (crack cocaine) at least once in their life is alarming .The courts believe that imposing harsher charges on amore accessible and cheaper drug is better than imposing it on a more expensive one.

It is unethical considering the racial composition of the crack cocaine users to be mainly blacks o How would you address the issue of disparate sentencing? Why? Explain.

I think appropriate amendments should be made to attempt to harmonize the court sentences.

• What role do you think sentencing guidelines should play in court procedures and corrections? Why? Explain.

In addressing issues of disparate sentencing