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Research Paper Undergraduate 343 words

Religious rights protections for incarcerated persons in prisons

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Essay 343 words

Inmate Rights

Rights denote legal entitlements to do (or refrain from doing) something. It is important to note that essentially, rights should be accorded to all men (free or imprisoned). Granting prisoners religious rights has been one of the most contentious issues not only in the U.S. But also across the world. For the many times the issue has arisen, the constitution's First Amendment and the "Religious Land Use and Institutionalized Persons (RLUIPA) Act" have always featured. Beliefs that are religiously and sincerely held are protected by the First Amendment's Free Exercise Clause (ACLU, 2005). It should also be noted that the RLUIPA Act requires prisoners under federally funded institutions to be accommodated in relation to their diverse religious beliefs, with exceptions occurring when such considerations can jeopardize safety (U.S. Department of Justice, 2013).

In my mandate as an administrator, I would seek guidance from the above frameworks and quoted legal precedents. Essentially, this would call for the delicate balancing of government interests against prisoners' rights. Some of the rights I would accord prisoners include protection of religious dietary practices such as religious fasting, scrapping-off of religiously forbidden foods (Moorish Science Temple of Amer Inc. v. Smith), provision of religious meals (Ashelman v. Wawrzaszek), and special religious observances (Makin v. Colorado Department of Corrections) (ACLU, 2005). Requests for highly individualized diets would however be denied. I would also consider allowing prisoners special time for prayers and observance of religious days. Further, religious objects such as crucifixes would be allowed if they do not pose a security threat.

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With regard to personal grooming, I would deny rights for the maintenance of certain haircuts especially in those circumstances where the said haircuts have gang…
References
2 sources cited in this paper
  • American Civil Liberties Union (2005). Know Your Rights: Freedom of Religion. Retrieved from https://www.aclu.org/sites/default/files/images/asset_upload_file78_25744.pdf ↗
  • The United States Department of Justice (2013). Religious Land Use and Institutionalized Persons Act. Retrieved from http://www.justice.gov/crt/about/spl/documents/rluipa.php ↗
Cite This Paper
PaperDue. (2013). Religious rights protections for incarcerated persons in prisons. PaperDue. https://www.paperdue.com/essay/inmate-rights-123029

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