lOMoARcPSD|22671317
Foundations of Prisoners Rights
Criminal Justice Research and Writing (Liberty
University)
lOMoARcPSD|22671317
1
Foundations of Prisoner's Rights
Student Name
Course
Institution
Instructor
Date
lOMoARcPSD|22671317
2
Foundations of Prisoner's Rights
Like many other special groups in the United States, prisoners enjoy special rights
that protect them against arbitrary abuse. Prisoners enjoy various rights which exist in various
documents and locations. The locations, places, and documents where prisoners' rights exist
entail the foundations or bases of prisoners' rights. They are legal foundations that encompass
all prisoners' rights and compel everyone to abide by them. The four legal bases of prisoners'
rights include the United States Constitution, Statues and Regulations, Common Law, and
International Human Rights Treaties.
1. The United States Constitution
The U.S. Constitution is the primary document that entails all the rights, including
special groups like prisoners. In the United States Constitution, prisoners' rights are found in
the 8th and 14th Amendments. The 8th Amendment illegalizes cruel and brutal punishment of
prisoners. Furthermore, the 8th Amendment disallows excessive bail as mandatory for
releasing prisoners (Appelbaum, 2020). In addition, the Amendment prohibits and illegalizes
the decision by any court to impose excessive fines on prisoners. Therefore, prisoners have
the right to freedom against cruelty under police custody. Furthermore, no stage in the
criminal justice system should inflict unusual punishments on prisoners. Any attempt to mete
cruelty or unusual punishment on prisoners will be an intervention against the 8th
Amendment, which might make prisoners sue for their rights. The 14th Amendment provides
that the criminal justice system must abide by due process and ensure that all accused persons
and prisoners receive equal protection under the Law.
2. Statutes and Regulations
Statutes and Regulations are the second legal foundations of prisoners' rights. They
include state and federal laws and regulations that dictate how the criminal justice system
lOMoARcPSD|22671317
3
should treat prisoners. There are various statutes and regulations that each describe the power
and conduct of the criminal justice system and how it should conduct itself while handling
prisoners. The statutes and regulations also define who prisoners are and the right place
where they should stay during their prison sentence (Appelbaum, 2020). For instance, statute
18 U.S. Code § 3621 - Imprisonment of a convicted person defines who a prisoner is and
where they should serve their prison sentence. The statutes thus help guarantee prisoners'
rights by defining the nature of the place and condition of their stay within the provisions of
the criminal justice system.
3. Common Law
Common Law is the third legal foundation for prisoners' rights in the United States.
Common Laws are unwritten laws and traditions that have gradually developed courtesy of
court rulings. The main feature of common laws is that they are not written anywhere but
only exist in people's memory. They are products of previous court rulings that have
developed over a long time and are accepted as the legal provisions for handling prisoners.
For instance, common laws require that the criminal justice system treats all prisoners
respectfully based on their inherent human dignity. Therefore, common laws forbid all forms
of discrimination regardless of the situation.
4. International Human Rights Treaties
International human rights treaties are the last legal foundation of prisoners' rights in
the United States and many other countries. The United States is a signatory to many
international treaties that seek to protect and safeguard prisoners' rights (Petersen, 2020).
Some international human rights treaties include the International Covenant on Civil and
Political Rights and the Convention against Torture and Other Cruel, Inhuman, or Degrading
lOMoARcPSD|22671317
4
Treatment or Punishment. As a signatory to the treaties, the United States criminal justice
system must abide by the provisions of the human rights treaties.
Under legal provisions, pretrial detention is not necessarily a violation of prisoners'
rights. Many countries, including the United States, have pretrial detentions in their criminal
justice systems which helps defendants attend court proceedings without external interference
or any other inconveniences that might arise (Petersen, 2020). Furthermore, a pretrial is not a
violation of prisoners' rights since it helps contain and restrain defendants that might threaten
the public. However, there are instances where pretrial detention might violate the prisoners'
rights. For instance, if the detention is unexplainably long or the prisoners stay in harsh and
inhuman conditions, then the pretrial conditions will directly violate human rights. Therefore,
the legality or illegality of pretrial detention depends on the length and conditions of the
prisoner's stay.
Even though people accept that pretrial detention is not a violation of prisoners' rights,
there are instances where prisoners might believe that a country's criminal justice system has
violated their rights. In this case, a prisoner who believes that the criminal justice system has
disobeyed the 8th or the 14th Amendment or any other legal foundation of their rights can then
take legal action (Petersen, 2020). Prisoners are also free to file a complaint with the
detention facilities management. Furthermore, various legal advocacy organizations might
help prisoners who believe prison has violated their rights. There are various outcomes when
a prisoner takes legal action against a prison. For instance, the prisons might change their
policies, compensate the prisoner, or release them from detention. According to the Bible in
the book of Luke 4: 18, authorities must release prisoners since God has declared it (English
Standard Version Bible, 2001). Therefore, prisons must release their prisoners regardless of
the situation.
lOMoARcPSD|22671317
5
References
Appelbaum, P. S. (2020). Discharge planning in correctional facilities: a constitutional
right? Psychiatric services, 71(4), 409-411.
English Standard Version Bible. (2001). ESV Online. https://esv.literalword.com/
Petersen, N. (2020). Do detainees plead guilty faster? A survival analysis of pretrial detention
and the timing of guilty pleas. Criminal Justice Policy Review, 31(7), 1015-1035.
