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'" (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…… [Read More]
According to the American Association for Correctional and Forensic Psychology (AACFP), forensic psychologists " have an obligation to provide services in a manner consistent with the highest standards of their profession and are responsible for their own conduct and conduct of the individuals under their supervision." These words suggest that a higher code of conduct from the norms of society should dictate the actions of those in this profession. This is important because it is very easy to dismiss those who have been convicted for crimes and considered wasted people and undeserving of redemption.
The aggressive legal system that profits off of the prison system in this country has created an epidemic of sorts where America imprisons more people per capita than any other developed nation on the planet. This trend encourages prisons to maintain high populations and one way of doing this is by denying prisoners their…… [Read More]
Recommendations to Hillary Clinton Regarding Prisoner Re-Entry into Society
Prisoner re-entry is a vitally important issue today which has yet to reach its full impact on the minds and lives of voters. However, with every passing year the importance of this topic becomes more evident. Since the eighties, every passing year has brought more pressure for harsher and longer imprisonment and more streamlined mandatory sentencing rules. This has not only resulted in an exploding prison population, but also in a drastic increase in the number of prisoners re-released into communities. Additionally, the push towards more punitive measures has decreased educational opportunities in prisons and the availability of rehabilitation programs. This means that released prisoners are increasingly unable to reintegrate into their communities, increasingly prone to recidivism, and increasingly violent in each release and re-capture cycle. Even the conservative ush administration has recognized the threat posed by unprepared prisoner…… [Read More]
Legality of Prison iots
Once a riot is quelled in the situation that is described in this particular assignment, there are a couple of different charges that the state can bring against the prisoners. The most salient of these charges is hostage taking. It is unlawful for individuals to take another as a hostage, in much the same way that it is unlawful for those individuals to take a group of individuals as hostages. Thus, the inmates that participate in taking the hostage and in maintaining the hostage are certainly liable to be charged with hostage taking. It is critical to note, however, that the individuals who participate in the riot and who do not directly partake in the actions of taking or maintaining the hostages cannot be charged for this particular crime.
Still, there are other charges that can be brought against these inmates -- whether or not they…… [Read More]
Be Back Home
I'm not sorry. I'm not sorry cuz I didn't do nothin' wrong. I didn't commit no crime. I never raped nobody, but now I gots to pay for something I ain't even done. It's bull***** really. I stuck in here for 15 years and I know the bastard who done it. ***** he's probably still doin' it.
A gotta little boy who's daddy's in jail, and he don't understand any of this. He lives with his mama in the Bronx, in our beat up apartment but hey, at least it's home. Much better than livin' here if ya ask me. She brings him to see me once a month, and I say man that's bull***** that I only get to see my boy once a month! How's a boy supps'd to grow up without his daddy? When she brings him to me, I'm always in…… [Read More]
Prisoner's Dilemma situations are more common than some might actually think they are, as most people often come across them in their daily lives. Given the fact that Axelrod has a background in political science, he observed that PD is frequently encountered in the U.S. Senate. Senators are accustomed to helping out their colleagues, as they are perfectly aware that their assistance will materialize in their colleagues repaying them. The help that U.S. senators provide to their colleagues ranges from trading votes to attracting voters for them. One can actually claim that reciprocity is one of the most important factors in the U.S. Senate (Axelrod, p. 5).
However, it appears that matters in the senate were not always like this, and, that just a few decades ago senators seemed more willing to support concepts like deceitfulness and falseness instead of assisting each-other. Surprisingly, people in the U.S. Senate have become…… [Read More]
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…… [Read More]
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.
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…… [Read More]
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…… [Read More]
prisoner in Texas, while being transferred to a medical facility, became disruptive and violent, forcing the accompanying guards to restrain him. While being restrained, the prisoner, Curtis Weeks, announced that he had AIDS and wanted to take as many other people to the grave with him as possible. After announcing his intention to infect the guard, he then spit in his face. The guard's mouth, nose and face were all contaminated with Weeks' saliva causing the state of Texas to charge Weeks with attempted murder. He was convicted which was upheld on appeal by the 11th circuit court of appeals. There were several issues the court had to deal with in the case including whether or not HIV could be transmitted through saliva, if spitting could be considered attempted murder, and if Weeks acted in the heat of the moment.
The first legal issue that had to be resolved was…… [Read More]
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…… [Read More]
Gender-Specific Therapy for Women Prisoners
ESEACH QUESTION AND JUSTIFICATION
On average, women make up about 7% of the total federal and state incarcerated population in the United States. This has increased since the 1980s due to stricter and more severe laws that focus on recreational drug use, a lack of community programs, and fewer treatment centers available for outpatients (Zaitow and Thomas, eds., 2003). According to the National Women's Law Centers, women prisoners report a higher than statistically normal history of domestic violence in their immediate past, and the fastest growing prison population with a disproportionate number of non-Whites forming over 60% of the population. In fact, over 30% of women in prison are serving sentences for murder involving a spouse or partner. The incarceration of women presents far different cultural and sociological issues than those of men -- issues with children, family, sexual politics and more (NWLC, 2012).
The…… [Read More]
Ethics of Prisoner Experiments
Prior to the medical trial at Nuremberg physicians and scientists were largely free to conduct experiments on unsuspecting persons (Freyhofer, 2004, p. 9-10), including inmates inside America's prisons. When it was discovered that German physicians had been conducting inhumane experiments on death camp and concentration camp prisoners during WWII, the world was shocked that doctors were capable of such behavior. The American Military Tribunal in Nuremberg heard arguments from both the defense and prosecution for twenty three doctors and administrators accused of war crimes and crimes against humanity. The defense argued that the doctors' conduct was not a significant departure from past practices and any inhumanity was more a function of the ongoing hostilities. The judges on the tribunal saw it differently and created ethical guidelines for medical researchers, because the evidence presented in court revealed the Hippocratic Oath could not protect patients and…… [Read More]
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,…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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,…… [Read More]
Selling ody Parts of Executed Prisoners: Morally Right or Wrong?
On the surface, this seems like a very straightforward question, but, as with all such moral and ethical dilemmas, it is not as simple as it has been made to sound. It would seem that question is asking whether a state can sell the organs and other body parts of an executed prisoner either to recoup some of the money it took to house them (or other seemingly legitimate excuse) or because the body belongs to the state once a person is charged with a capital crime. So, it can be argued, at least by some using a seeming alternative form of logic that this practice can be seen as moral or, at the very least, amoral. The reason people would say that it is an easy question to answer, meaning that they believe that it is immoral to…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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…… [Read More]
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).
But now, nations…… [Read More]
Human ights in the Arab World
As stated by the "Universal Declaration of Human ights" in the United Nations, Human rights has almost become one of the most important factors that decided the development of a country. To be able to promote economic growth and prosperity it is essential that a country controls its power of creativity and enterprise of its citizens, which would aid it to move into the global market in terms of trade, communication and investment systems.
It has been noticed that the most talented members of the society are usually not granted their human rights and hence the political, social, and cultural developments of the society are being not in order due to human rights being violated. This gets us to realize that we need to follow human rights development not only to protect a single individual but the entire society on the whole.2 Wrong use…… [Read More]
Treatment of Prisoners in ussia During the 18th 19th and 20th Century
The treatment of prisoners, and in particular the political prisoners and the prisoners of war over the centuries has been a controversial issue with standards set for handling of such poisoners, yet still these prisoners have not had the best of the conditions required anywhere in the world. This was a contentious issue in the historical ussia, but still remains a concern even in the present day ussian prisons (Gessen M. 2013) and other parts of the world. The paper is inclined towards the 18th, 19th and 20th century prisoners in ussia and how they were treated. It will also divulge the major reasons why these prisoners were subjected to the ill treatment, the editions on the way to prison, the conditions within the prisons and what people said about these prisons through art and other forms of…… [Read More]
Today, "Prisoner eentry into Society" is considered to be a "key corrections issue." ("Prisoner eentry'... ") Another key issue "Second Chances," was reinforced by President bush during 2004, when he noted: "America is the land of second chances, and when the gates of prison open, the path ahead should lead to a better life. We must do right not only by the ex-offenders, but by their families, their victims, their victims' families, and their communities."("Offender eentry...")
Allender, David M.. "Offender reentry: a returning or reformed criminal?," The FBI Law Enforcement Bulletin, December 1, 2004.
FEDEAL OFFENDE EENTY: KATHEINE HAIS," Congressional Testimony, October 7, 2004.
Fretz, alph. "Step down' programs: the missing link in successful inmate reentry.(CT FEATUE)," Corrections Today, April 1, 2005.
Harris, Kevin. "Increase in reentry stabilizes prison population. (National News Briefs)," Corrections Today, April 1, 2006.
OFFENDE E-ENTY: EGINA B. SCHOFIELD," Congressional Testimony, November 3,…… [Read More]
It shows that Bush did not ensure the carrying out of exactly accurate procedures detailed in the 'Help America Vote Act of 2002', and this had the inevitable result of the lack of appropriate funds for the purpose of election reform until it was a mite too late. The Act that ensures the equality of education for all the children of the United States of America was also not implemented appropriately. The 'No Child Left Behind' act was supposed to make sure that all children would enjoy equal opportunities in the field of education irrespective of their social background and status and race and color. This was however not carried out in the fullest sense of the term during the Bush Administration, and this meant that children were in fact left behind, and their civil rights were thus being violated. Another facet of the negative aspects of the Bush administration…… [Read More]
Rehabilitation vs. punishment
Creation of mandatory sentencing
Punishment vs. rehabilitation as a goal
High rates of recidivism
Alternative sentencing methods
Increasing size of the prison population
F. Elimination of parole
G. Failure to monitor released felons
Prisoners released all the time
Failure to prepare those prisoners for outside world
Programs showing success
Need for similar programs
A movie made in 1939 entitled They All Come Out makes the point that all prisoners are released one way or another, with most returning to the community (while a comparative few die in prison). The point of the film was that provision must be made for the re-entry of prisoners into the community, a point that seems to have been lost in the intervening years as politicians increase punishments as if longer sentences would solve all problems, while the re-entry of prisoners to society takes a…… [Read More]
Also, the death penalty still in use in a great deal of countries might provide another subject for debate from the point-of-view of human rights.
A minimalist set of human rights, meant only to keep people safe from humiliation and pain cannot be effective. This is mainly because while certain human rights seem to be of little necessity, they are actually indispensable. Economic, civil, and political rights are of great importance because they assist society's interests.
Human rights are not likely to have any decisive effect in international relationships, and they are also not expected to be of any use when it comes to the stopping perpetrators from breaking the law. The best thing to do in order to make the world a better place would be to promote the concept of good, so as to influence the masses into contributing to preserve human rights.
1. Forsythe D.P.…… [Read More]
PADILLA V. UMSFELD & HAMDI V. UMSFELD
Summary of Padilla v. umsfeld
Facts of Padilla v. umsfeld
Summary of Facts
Supreme Court easoning
Lower Court easoning
Summary of Hamdi v. umsfeld
History of Hamdi v. umsfeld
easoning for the Supreme Court
Individuals' Civil rights of Hamdi and Padilla
Contrast and Comparison
Padilla v. umsfeld & Hamdi v. umsfeld
Summary of Padilla v. umsfeld
One of the first and interesting things about the case is to know that the espondent, Jose Padilla, is a citizen from the United States citizen who made up his mind to become an "enemy fighter." This decision was helped made by the famous President George W. Bush and was held in military custody in South Carolina by the Department of Defense. Also, President George W. Bush discovered that Padilla was working alongside with the terrorist named al Qaeda. Both of…… [Read More]
U.S. Supreme Court and the Rights of Inmates
The objective of this study is to identify the constitutional amendments that deal directly with the rights of correctional inmates. For each amendment, this work will describe the rights of inmates and correctional procedures that evolved to protect those rights. Lastly, this work will explain the role of the U.S. Supreme Court in interpreting correctional law, inmates' rights and correctional procedures.
Four Amendments That Address Rights of Prisoners
The primary areas of constitutions rights for inmates incarcerated in U.S. prisons are derived from four constitutional amendments. Those four amendments include the following:
(1) First Amendment -- This amendment governs to what extent authorities restrict the rights of inmates in regards to religion, speech press, and in general, the right to communicate with persons outside the jail. (Thigpen, Hutchinson, Persons and Holland, 2007)
(2) Fourth Amendment -- due process and equal protection. This…… [Read More]
UK Immigration Act of 1971 and Its Enforcement with espect to Administrative emoval/Deportation when Articles 3 and 8 of European Convention of Human ights are Engaged
Following the terrorist attacks of September 11, 2001, many observers stated that "nothing would ever be the same again" and in some ways they have been absolutely correct. While the United Kingdom continues its inexorable march to become fully integrated into the burgeoning European Union, a number of obstacles remain firmly in place that relate to the perceived need by the UK government to better control movement of foreigners within its borders. The purpose of this study was to provide an examination of the UK Immigration Act of 1971 and its enforcement with respect to administrative removal or deportation when Articles 3 and 8 of European Convention of Human ights are engaged. This study used a three-chapter format to achieve this research purpose. Chapter…… [Read More]
More recently, reports have begun coming from the Middle East that women will no longer be "expected" to participate in the pilgrimage to Mecca, thereby eliminating women from the holiest rite associated with Islam. Having once done that, it would then be easy to keep women physically, mentally, emotionally isolated within any Muslim society.
Of equal concern is the way in which the Koran is interpreted to facilitate and carry acts of terrorism. The Koran does call for the defense of Islam, that should Islam be threatened, it is the responsibility of every Muslim - presumably, women too - to rise to the defense of Islam."Islamic rulings of warfare are complex, appear to be contradictory and require careful analysis. The simplistic visions of paradise for suicide preached by militant jihadist clerics defy over 1,400 years of Islamic history and wisdom. Yet those like Osama bin Laden, yman al Zawahiri, or…… [Read More]
Terrorism has been a hot topic in the news for over a decade. It has impact people on an international level with countries like France, England, and the United States experiencing attacks. Currently Isis, a terrorist organization, has generated chaos in the Middle East. Government have been destabilized and peace and security jeopardized. Atrocious acts of violence have occurred from child beheadings to rapes and torture. Terrorism threatens the social and economic development of any place it affects.
Furthermore, terrorism directly affects human rights. People lose freedoms and face subjugation from regimes of terrorist organizations. All of which have negatively diminish ones enjoyment of life as well as their human rights. International, national, and regional political leaders make promises and claims that counterterrorism measures will not encroach on human rights. Former President George Bush for example, preached on preserving human rights amidst counter terrorism efforts. However, living up to these…… [Read More]
There is little argument, at least in general, that people that commit wrongful acts and crimes should be punished for what they have done. One of the common methods used to punish people for committed crimes is confinement in jail and/or prison. However, there are many people that suggest or assert that confinement has wide-ranging and long-lasting effects on the people that are subjected to it. They assert that this happens to the point that the method is counterproductive and just makes a bad situation worse in terms of whether the person will recidivate, how/when they will transition back to life outside of prison and mental health concerns in general. hile people that do wrong should obviously be punished to some degree, the possible and perceived effects on confinement should give people pause before they act like they know what the best answer and methods happen to be.
Analysis…… [Read More]
Parliament enacting section 3 [Human ights Act]
It is clear that the Human ights Act is a Bill of ights were composed of several decades of debate that went across all political parties, on the need to include the European Convention on Human ights. It provides British person access to justice at home and it make available a resourceful model tailored to British constitutional traditions. Some experts believe that is necessary to replace the HA with a new Bill of ights. With that said, this paper will critically evaluate the approach of the domestic courts to the duty to read and give effect to domestic legislation in manner compatible with the Convention rights.
esearch shows that under the Human right act 1998 (HA) Section 3 "So far as it is likely to do so', key lawmaking and secondary legislation, must be read and given effect in a way which is…… [Read More]
" ((Patton, 1990).
The data analysis procedure is therefore one which emphasizes participation and observation. As the author states,"As a Convict Criminologist (an ex-prisoner who has academic training), I had the opportunity to analyze prison culture from the perspectives of participant and observer." (Murphy 2005)
It is also important to note that the author as an academic and trained criminologist would be capable of selecting and synthesizing the data available.
9. Strengths and limitations
One of the limitations of this qualitative study is a common limitation that is endemic to many qualities studies; namely that there is always the possibility of subjective and individual bias in both the selection and the interpretation of the data. "The presence of an observer is likely to introduce a distortion of the natural scene which the researcher must be aware of, and work to minimize. (Hoepfl 1997)
However this can also be seen for…… [Read More]
Human Nature and Conduct: An Introduction to Social Psychology
In Human Nature and Conduct, John Dewey propounds the theory that all human conduct is the outcome of an interaction between elements of human nature and the environment, both natural and social (Dewey, p. 10). Based on this premise, Dewey advocates that the study of morals or ethics shift its ground from a transcendental realm to one where the discipline of social psychology is used to intelligently reengineer the environment so that ethical behavior is habitually encouraged. Thus, Dewey defines the moral problem as that of "modifying the factors which now influence future results. To change the working character or will of another we have to alter objective conditions which enter into his habits." (p. 18) Personally, I agree with Dewey's philosophy because its construct makes the achievement of an ethical world seem more real and less utopian.
The subject of…… [Read More]
" Despite the stated expansion, habeas protection continued to be applied only to cases in which the defendant alleged that the sentencing court lacked personal or subject matter jurisdiction. The Court extended the reach of federal habeas review during the later part of the nineteenth century, however, by changing the circumstances under which the lack of state court jurisdiction could be found. Even after this shift, federal habeas courts sat not as fact finders but as guarantors of fundamental constitutional rights. (Breuer, 1994)
In 1915, the Court dramatically increased the scope of habeas corpus in Frank v. Mangum, in which the Court held that habeas relief is available whenever the state, "supplying no corrective process,... deprives the accused of his life or liberty without due process of law." The Warren Court continued this shift toward increased availability of habeas corpus in the next phase of habeas litigation after World War…… [Read More]
Maximum security prisons have grown in recent decades and have implemented methods some may deem inhumane. A 2016 article discusses prison conditions in maximum security prisons and addresses specifically the topic of preservation of human dignity and disease prevention. The author mentions the Dudley Lee v. Minister of Correctional Services case that held "that prison authorities have a duty of care to prevent prisoners from being infected with HIV-related illnesses such as TB" (Torriente, Tadion, & Hsu, 2016). The applicant was sent to a maximum security prison in South Africa where he eventually was diagnosed three years later with TB. Another instance of the government and its failure to acknowledge the need to safeguard a prisoner's health is the . v. Secretary of State for the Home Department, ex-parte Glen Fielding. Here the case discusses of a prisoner in the United Kingdom asking for condoms and being denied unless given…… [Read More]
industrialized nation in the world has a higher percentage of its population residing in its prison than the United States (Liptak). This fact has witnessed a corresponding increase in the cost of housing and caring for the incarcerated which has correspondingly raised the public concerns for these costs. This combination has spurred conversation relative to how to address both issues and one of the methods suggested is the possible privatization of the corrections system.
The advantages and disadvantages of privatization have been debated for years and many view privatization as new and unique method for managing the corrections system; however, privatization has a long history in the United States (Perrone). Private management of prisons has been attempted at several points in America's history but was actually abandoned during the early years of the twentieth century. One of the primary reasons for its being abandoned was the Convict Leasing System that…… [Read More]
Decisions of ehnquist & Warren
The field of constitutional law, at least in the area of criminal procedure, has been an interesting study for the past fifty years. Unlike other areas of the law, the study of criminal procedure has undergone major transformations as a result of the decisions of the last three courts, the Warren, Burger and ehnquist courts. These three courts have changed the legal landscape in the cases involving criminal procedure and, in the process; have created a great deal of controversy (Bloom, 2010).
The application of the Bill or ights to the states has been an acrimonious issue in the U.S. Supreme Court for a number of years. It all began when the Warren Court began applying the Fourth, Fifth, and Sixth Amendments directly against the states, under a doctrine that became to be known as selective incorporation. The Warren Court used the selective incorporation method…… [Read More]
AIZONA'S COECTIONAL HEALTHCAE SYSTEM
Arizona's Correctional Healthcare System
The Arizona Department of Corrections (ADC) is the agency ultimately responsible for providing healthcare to the state's prison population. Even though the Healthcare Services division within the ADC manages the medical clinics in Arizona's prisons, there are a number of sections and divisions that have important roles to play in ensuring inmates receive the care they are legally entitled to recieve. This essay describes the structural organization that ultimately provides healthcare to inmates and how it operates to ensure statutory compliance.
Arizona's Correctional Healthcare System
Arizona Department of Corrections Organizational Structure
The Arizona Department of Corrections (ADC) is ultimately responsible for providing healthcare for the prison inmate population in the state of Arizona (ADC, 2011). This state agency is responsible for maintaining and administering all ADC institutions and programs, including community supervision for adult inmates released to their communities. The…… [Read More]
Court records also stick on, whether the charges are dropped or followed by a conviction. People of color or ethnic minorities, such as African-Americans and Hispanics, have come to accept that they cannot avoid acquiring a criminal record. The 1990 Washington DC-based sentencing project found that one in every four African-Americans aged 20 to 29 was in prison, in jail or on probation or parole. A research conducted by the National Center on Institutions and Alternatives had a comparable finding. In a decade, the figure decreased to one out of three or 76% of 18-year-old African-Americans in the urban areas who can expect arrest and imprisonment before age 36. The racial gap became evident at the approach of the millennium. In 1926, 79% of inmates in state and federal prisons were whites and only 21% were lacks. ut in 1999, African-Americans made up 55-60% of new admissions. Including Latino inmates,…… [Read More]
Corrections officers serve a distinct role in the criminal justice system. They are involved in the day-to-day lives of inmates, and are responsible for maintaining prison safety, security, and integrity. In some ways, corrections officers may fulfill a role similar to that of a guard, whereby they enforce the rules and regulations of the institution, prevent problems such as inmate fighting or rioting, monitor inmate behavior, prevent escapes, and may administer punishments to inmates. Occasionally, correctional officers may need to use force when mitigating behavioral problems among inmates. Essentially, corrections officers represent the authority of the criminal justice system within the prison framework. Correctional officers may sometimes be involved in rehabilitation efforts, too, helping steer inmates toward specific self-improvement methods such as educational programs or job training programs. Likewise, correctional officers might be involved in parole hearings to offer testimony based on the behavior and status of an inmate. The…… [Read More]
United tates is a nation of laws. We use laws to determine what is and is not criminal behavior. We then use the application of judicial principles to try people accused of crimes, and we use laws to determine what the punishment will be for those who are found guilty of a crime.
Our judicial system has multiple layers because individual judges can make mistakes. When a convicted criminal feels a mistake has been made, he or she can appeal their conviction to the appellate courts. Appellate court rulings affect every courtroom under their jurisdiction, and those rulings can be used in other appeals in other jurisdictions, so appellate rulings can have a profound effect on our prison system.
One ruling by an appellate court has had a profound and widespread effect on prisoners, and that is the ruling that required prisons to make law library facilities available to prisoners.…… [Read More]
Incarcerated Mentally Ill Patients
It may sound unbelievable, but on any given day, scholars estimate that almost 70,000 inmates in U.S. prisons are psychotic; and up to 300,000 suffer from mental disorders like depression, schizophrenia, and bipolar disorders. In fact, the U.S. penal system holds three times more people with mental illness than the nation's entire psychiatric hospitals (Kanapaux, 2004). Indeed one of the most telling trends, say some sociologists, is to incarcerate the mentally ill in order to remove them from society. This is sometimes the only alternative because public mental health hospitals have neither the space nor the funding to treat this special population. In fact, the very nature of incarceration tends to have a more traumatic effect on the individual, causing additional damage to their fragile psyche. omen, it appears, are especially vulnerable. These women have often been victimized during an abusive childhood and succession of relationships.…… [Read More]
And employers cannot by law attempt to intimidate or fire workers for their pro-union activities. Another action the correctional officers could have taken would have been to bring their Congressman or Congresswoman into the matter to put pressure on Duffy through the Illinois governor's office or through federal Civil Rights legislation. Clearly Duffy was in violation of civil rights under the federal Civil Rights Act of 1964.
Answer to Question Five: Two months in solitary confinement is far too harsh for a person violating a minor institutional rule. In fact it is outrageously cruel. It violates all five of the Supreme Court's tests for whether an act is a violation of the Eighth Amendment. This kind of power is that of a demented, vicious warden, who uses severe, inhumane tactics because he has some crazed vindictive nature against inmates. He is in the wrong job because he expects prisoners (who…… [Read More]
Criminal Justice ystem Components Analysis
Research the questions below for each of the three criminal justice system components: police, criminal courts, and correctional agencies. Prepare a table or chart that compares and contrasts the information you gather on the components. For example:
Criminal Justice Components
management structure bureaucratic structure with hierarchy of authority and strict regulations
A collection of federal, state, and local public agencies that deal with. They are interdependent
Traditional organizational structures. The chief executive officer is at the top, with other functions dispersed at various layers down through the pyramid
The differences between the organizations in this component as compared to the other two?
The purpose of the police is to maintain order, enforce the criminal law, and provide services.
Courts are the place where defendants / the accused / plaintiffs come to have their please adjudged by judge and jury.…… [Read More]
Wolff v. McDonnell, 418 U.S. 539 (1974)
Bell v. Wolfish, 441 U.S. 520 (1979)
Estelle v. Gamble, 429 U.S. 97 (1976)
Procunier v. Martinez, 416 U.S. 396 (1974)
Facts: n Wolff v. Mcdonnell, 418 U.S. 539 (1974), the inmates at a Nebraska prison filled a complaint against disciplinary measures at the prison contrary to the due process. n it they outlined the short comings of the prisons legal assistance program in meeting constitutional standards. They added that the prison's regulations governing inmates' mail were also unconstitutionally restrictive.
n the Bell v. Wolfish, 441 U.S. 520 (1979), the inmates filed a class action suit in the Court of Appeal against constitutionality of various confinement and practices in the Metropolitan Correctional Center. These included double bunking, publisher only rule, restricting books intended for inmates, prohibition of food and other items from outside as well as unnecessary inmate body cavity searches.
n Estelle…… [Read More]
She advocates that this trend must be reversed and that the majority of society's efforts should be expanded on preparing inmates for their eventual release.
Petersilia does not broach the issue of prisoner reentry into society without providing a long and detailed explanation of the problem. In the first portion of her book she provides one of the most detailed histories of the development of the America prison system available. She details how American prisons evolved from being purely punitive in nature to becoming largely rehabilitative in purpose and then turning back again in the direction of being punitive as law and order became a major political issue in the 1970s and 80s.
In an interesting twist, Petersalia argues strongly that one of the major reasons for the present problems in the American prison system is the heavy reliance on determinate sentencing systems. She argues that the determinate system has…… [Read More]
ere, the Plaintiff and all of the members of the God Squad were arrested and removed from school property by police.
The police acted on probable cause that the group was inciting violence on school property after observing their offensive and disruptive behavior. Additionally, the Plaintiff was given an arraignment, charged with trespassing, disturbing the peace, and inciting a riot, and was released on bail to the custody of his parents. Thus, the police were acting in accordance with the law. So, there was no false arrest.
Upon review of the facts and evidence, it can be clearly seen that the Defendant acted in the best interest of the school in protecting and preserving the campus as a safe and nurturing learning environment. Furthermore, the Defendant did not violate the Plaintiff's First Amendment Rights because the rights being argued by the Plaintiff do not exist on the limited forum…… [Read More]
Constitutionality of a Postcard-Only Mail Policy
Postcard-Only Prison Mail Policy
Constitutionality of a Prison Postcard-Only Mail Policy
The Constitutionality of a Prison Postcard-Only Mail Policy
The state Department of Corrections (DOC) has requested a legal opinion of its postcard-only mail policy covering all incoming and outgoing letters and packages. The DOC is facing several lawsuits alleging the restrictive mail policy is violating the Constitutional rights of inmates, as well as external parties wishing to communicate with inmates through the mail. The following opinion represents a review of the applicable case law and whether the mail policy could withstand Constitutional challenges.
The lawsuits that have been filed against the DOC for implementing a postcard-only mail policy allege violations of free speech protected by the First Amendment, privacy violations under the Fourth Amendment, and procedural due process rights under the Fourteenth Amendment of the U.S. Constitution.
Based on considerable…… [Read More]
Human ights Prosecution In Mozambique
Mozambique has a long history of human rights violation especially in subjecting suspects to undue prosecution processes. Within the renewed forms of conflict, the behaviour of Mozambican public prosecution office consistently violates constitutional protections of Mozambique's fundamental freedoms and rights. The elements in consideration include extrajudicial executions and deaths in detention of suspected criminals and excessive use of firearms and force. The current internal accountability systems for the police and prosecution do not form valid outcomes. There is minimal follow-up on cases regarding human rights violations by the prosecution (Michel, 2014: Barkow, 2008). The judicial disciplinary procedures and codes of conduct are not sufficient, as they do not adhere to international standards on human rights. There is limited access to a fair trial to suspects and plenty of injustices to victims and immediate families compounded by often corrupt and weak justice system and…… [Read More]
Ethics of the Death Penalty
The death penalty is a majorly decisive issue. Some countries feel that it is a cruel punishment and have outlawed it, such as England. Others practice the punishment liberally with small caliber crimes receiving the harshest possible punishment. In the United States of America, the death penalty exists in some states but has been abolished in others. Crimes that qualify for the death penalty are serious felonies such as murder. Those on opposing sides of the issue often look to the philosophy of ethics to prove their own position or to subvert the opposition's perspective. Often those who support the death penalty argue that this is the only just punishment for someone who has committed heinous crimes against other people. The dignity of the victim is the only one they consider. Antithetically, those who oppose the death penalty argue that committing a crime like that…… [Read More]
a) Changes in APA Public Policy
According to several changes made in APA Public policy with relation to the role of psychologists in the interrogations session, APA has prohibited its psychologists from taking part in the varied torture or cruel, inhuman or degrading interrogation techniques by stating, "No psychiatrist should participate directly in the interrogation of persons held in custody by military or civilian investigative or law enforcement authorities, whether in the United States or elsewhere. Direct participation includes being present in the interrogation room, asking or suggesting questions, or advising authorities on the use of specific techniques of interrogation with particular detainees (Pope, 2008, Psychologists at the Center of the Controversy)." urthermore, it was asserted through referendum which took place in 2008 that psychologists must not operate outside territories which are under the jurisdiction of international law such as Guantanamo, Bagram, or the CIA or JSOC "black site" prisons,…… [Read More]
As such, she fails to address the central problem of feminism in the Pontellier perspective, namely the impossibility of female individuality and independence in a patriarchal world. It is only in isolation that Edna can find any happiness, and she must make this isolation more and more complete in order to maintain her happiness, as the patriarchy has a means of encroaching on all populated areas, and Wollstonecraft's feminism does not offer an alternative to this need to escape humanity.
A final snort of disgust might be distinctly heard from Edna Pontellier upon her reading of this line of Wollstonecraft's, afterwards she might likely have flung the text aside (or into the fireplace, depending on the season): "Pleasure is the business of woman's life, according to the present modification of society" (ch. 4, par. 10). What Wollstonecraft means is that women are thought to be so fragile, so emotional, and…… [Read More]
This split has been growing since the poor performance of the party in the Euro elections earlier this year and mirrors the difficulties they had in 1995 after the massive wave of public sector strikes threw the party into disarray."
We have seen how the success of this right-wing party, the National Front, is closely tied to the popularity of its leader, Jean Marie Le Pen. In most cases involving right-wing politics this is the case. However, it is not always so. An examination of the National Socialist party reveals that it still has many supporters in different parts of the world, and has been making a resurgence in Germany. Hitler has been dead for many years, but his party lives on, in fact growing throughout other parts of the world.
Extreme right movements will always be with us. Since they are usually based upon a focus of negative aspects…… [Read More]
intended to provide an overview of the individuals and movements who played important part in Chicano movement
Chicano movement is one of the most eminent chapters in the history of Mexican-Americans. The Chicano movement reflects a decade's long pursuit of Mexican-Americans for their rights. Although it has its roots in 1800s, the movement grew stronger in 1940s. In order to understand what Chicano movement really is, one needs to understand the past events leading to it. It is a common saying in Mexican-Americans that we did not crossed the borders, the border crossed us. There have been several treaties signed between Mexicans and Americans which provided a lot of benefits to Mexicans along with citizenship, however when the senate revised these treaties, all these leverages were removed depriving Mexicans of their lands and other properties. Then started the journey of Chicano Movement. There are various individuals and several movements who…… [Read More]