'" (HRW) However, it is unreasonable to expect the prison officials to go out of their way to prevent rape, as the Human Rights Watch report seems to suggest. Only about one quarter of prison inmates are raped during their sentence, and the majority of these have some trait which provokes the victimization, such as being intellectual, white, young, effeminate, or a child-molestor. (HRW, 2) One cannot expect the guards to prevent all hatred and abuse in a system where violent criminals are all locked in together, and it seems inevitable that a certain brutal Darwinism will emerge. One rape victim, who tried to commit suicide after having been repeatedly brutalized over a six-month period, wrote about the system guards, "The opposite of compassion is not hatred, it's indifference." (Hrw, 1) This is precisely true, however the difference between the HRW or ACLU standpoint and that of a rational person…...
Acoca, Leslie. "Defusing the time bomb: understanding and meeting the growing health care needs of incarcerated women in America." Crime and Delinquency. January 1998.
Inmate ights
ights 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 "eligious Land Use and Institutionalized Persons (LUIPA) 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 LUIPA 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.…...
M. Lin's release from MCF has had the effect of rendering his lawsuit moot. In this case, M. Lin was incarcerated at the time the lawsuit was filed, but not at the time it is being decided. Thus, M. Lin's cause of action fails on the issue of mootness. Additionally, of the six members whom were denied visitation privileges, five of them have had sons which whom were formerly incarcerated at MCF, but now have been released. The son of the sixth MOM member asserting denial of visitation privileges died after his release from MCF. Thus, all of the six members of MOM claims will fail as a result of mootness.
C. RIPENESS
AUTHORITY
The controversy must be ripe for decision; ripeness bars consideration of claims before they have fully developed. A case may be dismissed as unripe where a statute has never been enforced and there is no real threat that…...
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…...
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References
Dolovich, S. (2009). "Cruelty, prison conditions, and the eighth amendment." New York University Law Review. 84 (4): 881-979.
mental health prisoners usa. I've included outline main idea, I apply ideas questions. contact clarifications. I. Introduce define global health issue connection nursing. For, .
Mental Health in the American Prison System
There has always been much controversy regarding prisoners and their mental health, but as civilization has experienced much progress throughout this century people have become more and more concerned about making sure that prisons are able to differentiate between individuals who are mentally ill and persons who are not. Even with the fact that prisons were never design to accommodate the mentally ill, conditions are critical today as a great deal of men and women who are unable to get mental health treatment in the communities they live in are incarcerated consequent to committing an illegality. There are a great deal of people suffering from schizophrenia, bipolar disorder, or depression in U.S., thus meaning that society needs to open…...
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Works cited:
Austin, W. And Boyd, M.A. (2010). Psychiatric and Mental Health Nursing for Canadian Practice. Lippincott Williams & Wilkins.
Cornwell, D.J. (2009). The Penal Crisis and the Clapham Omnibus: Questions and Answers in Restorative Justice. Waterside Press.
Finkel, M.L. (2010). Public Health in the 21st Century: [Three Volumes]. ABC-CLIO.
Videbeck, S.L. (2010). Psychiatric-Mental Health Nursing. Lippincott Williams & Wilkins.
Ethical treatment of prisoners is a complex question, involving the nature of the prison system in the U.S. And the nature of those incarcerated in it, as well as ethical obligations that individuals owe to society as well as those that society owes to those who are imprisoned. Deontological ethics might hold, for example, that those who have violated the law and the basic moral norms of society deserve to be punished but at the same time even those convicted and imprisoned have certain basic human rights. For example, they have the right to food, clothing, shelter and medical care, and cannot be tortured, abused or brutalized. Another problem from a deontological perspective would be to criticize a society where blacks and Hispanics are a minority of the population but also the majority of the prison population, including those on death row. Indeed, they are more likely to be profiled,…...
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REFERENCES
Capital Punishment (2011). Bureau of Justice Statistics.
Various types of Non-Government Organizations can play an important role in the protection of human rights. These organizations are impartial and are unrelated to any political or industrial agenda.
China has always been wary of outer interference protecting their sovereignty at all costs thus it must come from inside china the realization that the Chinese people can no longer bear the lack of political freedom. The educated people are increasingly calling for a democratic process and it is only the people that can force the government to give in to their wishes. The economic power of the country will strengthen individuals and hence the political rights will be demanded by the people. It will not be long before the demands of the individuals will have to be addressed by the government of China.
It can be concluded that the internationalization of human rights is on its way in spite of the…...
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Works Cited
Angle, Stephen C. Human Rights and Chinese Thought: A Cross-Cultural Inquiry. Cambridge, England: Cambridge UP, 2002. 30 Apr. 2013.
Foot, Rosemary. "1: Introduction." Rights beyond Borders: The Global Community and the Struggle over Human Rights in China. By Rosemary Foot. Oxford, England: Oxford UP, 2000. 1-26. Questia. Web. 30 Apr. 2013.
Hashimoto, Hidetoshi. The Prospects for a Regional Human Rights Mechanism in East Asia. New York: Routledge, 2004. Questia. Web. 30 Apr. 2013.
Amnesty International and Human ights reports on the U.S. government fair and objective? Explain. Do they cover the full range of rights discussed in the International Bill of Human ights?
Although both organizations do seem to cover the full range of rights discussed in the International Bill of Human ights, with some rights, however, being focused on more unevenly than others, the Amnesty International and Human ights reports on the U.S. government are not always fair and objective. For instance, the Amnesty International report in May 25, 2005 claimed that the U.S. is a top offender of human rights. This was a ridiculous and blanket statement easily refuted by the White House who claimed the allegations to be ridiculous and unsupported by the facts:
The United States is leading the way when it comes to protecting human rights and promoting human dignity. We have liberated 50 million people in Iraq and…...
ights Should Prisoners Have?
Discussions of human rights frequently focus on the rights that people should have in a free society. They look at the types of rights that free people should be able to exercise without interference from their government. However, not all discussions of human rights focus on the rights of the free. Instead, some discussions look at the rights that duly convicted criminals should have. Some scholars conclude that prisoners should have the basic rights as free men. This is a ridiculous conclusion. Looking at the Canadian Charter of ights and Freedoms, it is clear that some of those rights are not meant for prisoners. In fact, the very nature of imprisonment hampers the exercise of some of those rights. These rights include the freedom of mobility, the freedom of peaceful assembly, and the freedom from unreasonable search or seizure. Furthermore, it is important to keep in…...
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References
Canadian Charter of Rights and Freedoms, s. 2(c), Part I of the Constitution Act, 1982, being
Schedule B. To the Canada Act 1982(U.K.), 1982, c.11.
Canadian Charter of Rights and Freedoms, s. 6, Part I of the Constitution Act, 1982, being
Schedule B. To the Canada Act 1982(U.K.), 1982, c.11.
Ethical Treatment of Prisoners
The treatment of a society's prisoners has been an issue of debate for centuries. The emotions surrounding such treatment are considerable and reaching a consensus on the best and fairest method is often difficult. Torture is considered illegal in most civilized societies and, therefore, in order to maintain an acceptable level of treatment an alternative and more humane approach must be established (Filter, 2000).
There presently exist two leading schools of moral thought: utilitarianism and deontology (Gibbs, 1977). Despite what has been characterized as great differences between the two schools they seem to agree on most substantive issues.
Utilitarianism argues that the right action is the one, out those available, that maximizes one's total happiness. In the prisoner treatment situation this results in considering the emotional pain, physical discomfort, expense, and time involved in housing the prisoner against the advantages garnered by society such as retribution, justice, removing bad…...
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Bibliography
Bentham, J. (1988). Introduction to the Principles of Morals and Legislation. Buffalo: Prometheus Books.
Filter, J.A. (2000). Prisoner's Rights: The Supreme Court and Evolving Standards of Decency. Santa Barbara, CA: Greenwood Press.
Gibbs, J. (1977). Social control deterrence and perspectives of social order. Social Forces, 408-423.
Kant, I. (2010). Critique of Practical Reason. Seattle: CreateSpace.
In that book, which Munoz claims was just a "long interview with a fictitious journalist," Pinochet portrays himself as a life-long "anti-Communist," and he recounts an experience he had as an army officer in Pisagua, a prison where communists were incarcerated. "The more I knew those prisoners and listened to their thoughts, while, at the same time, I studied Marx and Engels, the more I became convinced that we were mistaken about the Communist Party," Pinochet wrote. "It was not just another party… it was a system that turns things on their heads, dismissing any loyalty…" he continued (Munoz, 2008, p. 28). As though justifying the cruelty he perpetrated on thousands of civilians -- in the name of him keeping a grip on his dictatorship -- he said he was "…troubled that these pernicious and contaminating ideas could continue and spread throughout Chile" (Pinochet quoted by Munoz, p. 28).
Human…...
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Works Cited
Amnesty International. "Libya: Rule of Law or Rule of Militias?" Retrieved July 19, 2012,
human rights are negotiable when it comes to fighting terrorism. Different nations at different times have espoused varying policies regarding what rights are accorded to parties accused of criminal activity, typically within the boundaries of their undisputed geographical and legal jurisdictions. With the increasing levels of global cross-border travel and residency over the past century, certain international bodies have evolved to help establish protocols, guidelines and a body of law for detention and treatment of suspects in the international arena. These measures are designed to ensure consistent, appropriate treatment of persons accused of criminal activity that may span national and to help ensure the basic rights of all human beings regardless of their origin or the location of the activity in question.
In the absence of clear and universally accepted international authority, the enforcement of human rights standards in the international forum has been subject to variability resulting from the…...
Michael Ignatieff's book Human Rights as Politics and Idolatry:
Does Ignatieff's analysis of the politics surrounding human rights shed any new light on the relativism/universalism question? hy or why not?
The language of human rights is often couched in the language of universalism, even when that rights-based language is really specific to a particular nation and a particular worldview. For instance, the idea that everyone is created equal and is therefore entitled to freedom, justice, and liberty, is actually from our own, American words of our nation's nationalist declaration of independence. This assertion is not considered a self-evident truth in the language of all human nations and in the minds of all human beings. However, the danger of lacking any notion of a doctrine of universal human rights is that international organizations can very easily fall into the justification of relativism, and atrocities may occur within and without different nations of…...
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Works Cited
Ignatieff, Michael. (2001) Human Rights as Politics and Idolatry. Princeton. Princeton University Press.
The United States Supreme Court ruled in favor of Illinois and argued that the Fourteenth Amendment was designed to protect against race discrimination only…" Gibson, 2007, Background to Muller v. Oregon section ¶ 1). The Court ruled that the Fourteenth Amendment did not include the protection of women's rights.
The following depicts Justice Bradley's concurring opinion regarding Bradwell's
Man is, or should be, woman's protector and defender. The natural and proper timidity and delicacy which belongs to the female sex evidently unfits it for many of the occupations of civil life. The constitution of the family organization, which is founded in the divine ordinance, as well in the nature of things, indicates the domestic sphere as that which properly belongs to the domain and functions of womanhood.... The paramount destiny and mission of woman are to fulfill the noble and benign offices of wife and mother. This is the law of…...
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REFERENCES
Babcock, Barbara Allen. (1975). Sex Discrimination and the Law: Causes. Retrieved April 3,
victims and defendants rights extended by the Criminal Justice System. Followed by introduction is the comparison of both sides detailing the rights of victims and defendants by the Criminal Justice System. Conclusion given at the end shows that the Criminal Justice System has more rights to the defendants; however, rights for victims are also increasing in several states.
It has been during the last two decades that the rights of crime victims started to be known in the law. Earlier, none of the crime victims had rights during the criminal justice process. For example, they did not have any right that could notify them of court trial or the arrest or release of the defendant. Further to that they had no right to be presented during the trial or other hearings, or to make a statement to the court at sentencing or at other proceedings (Emmet County).
National Center for Victims of Crime. (1998). Rights of Crime Victims. FYI.
National Center for Victims of Crime. (1999). Constitutional Rights for Crime Victims. FYI.
Philip L. Reichel (2001). Comparative Criminal Justice Systems: A Topical Approach.
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