Mini Paper Prisoner's Rights
According to Schmalleger and Smyckla (2021), there are four legal foundations of
prisoners' rights in the United States. These bodies will be identified as follows: The U.S.
Constitution serves as the supreme law of the land and provides the foundation for
prisoners' rights. The Eighth Amendment, in particular, prohibits cruel and unusual
punishment, ensuring that prisoners are protected from excessive or inhumane treatment.
Not to mention that the Due Process Clause of the Fourteenth Amendment also
guarantees that prisoners are entitled to fair treatment and procedural rights.
Federal Statute constitutes the safeguard of prisoners' rights. The most notable
federal statute is the Civil Law of Institutionalized Persons Act (CRIPA), which
authorizes the Department of Justice to investigate and take legal action against
correctional facilities that violate prisoners' rights. Other federal laws, such as the
Americans with Disabilities Act (ADA) and the Rehabilitation Act, also ensure that
prisoners with disabilities receive appropriate accommodations and access to necessary
services Arca (2018).
Regarding state Constitutions, it is essential to highlight that "each state has its
own written constitution, and these documents are often far more elaborate than their
federal counterpart" (The White House, n.d; Smachlleger & Smyckla, 2021). Moreover,
each state constitution serves additional protections for prisoners beyond those
guaranteed by the U.S. Constitution, including services that offer provisions that
specifically address issues such as overcrowding in prisons, access to healthcare, or the
rights of incarcerated individuals to participate in rehabilitation programs. About State
Statutes: State legislatures enact laws that govern various aspects of the criminal justice
system, including prisoners' rights. State statutes cover parole eligibility, sentencing
guidelines, access to legal representation, visitation rights, and grievance procedures.
These laws provide a framework for treating prisoners within the state's correctional
facilities while protecting their rights (2021).
Understanding these legal foundations is crucial for prisoners and those involved
in the criminal justice system to ensure the fair treatment and protection of prisoners'
rights. Although a few amendments that protect prisoners' rights were mentioned above,
they will be underscored and further detailed in this section. Smachlleger & Smyckla
(2021) state that the Fourth Amendment is the heart of inmates' rights. Of course, there
are certain restrictions since a prisoner is restrained from exercising his privacy rights in
his cell.
However, it ensures that searches and seizures conducted within correctional
facilities are carried out in a manner that is reasonable and, in the meantime, does not
violate their rights. The Eight Amendment protects the prisoner from cruelty and unusual
punishment, including inhumane treatment and cruel condition confinement, similar to
the (Brown v. Plata, 2011 as cited in Smachlleger & Smyckla, 2021). On the other hand,
but in the same category, prisoner's rights and the Fourteen and Fifth Amendments are
intertwined because they protect individuals from self-incrimination and guarantee due
process of law. The right of due process allows the inmate to be heard while having legal
assistance, and the right of impartial hearing before his freedom is deprived (2021).
The Sixth Amendment of the United States Constitution provides various
protection for defendants in criminal proceedings, such as the right to a speedy trial, the
right to a public trial, an impartial jury, the right to confront witnesses, and compulsory
process. And the right to assistance from the Counsel Legal Information Institute (n.d.).
Pretrial detention, by itself, is not considered a violation of the rights aforementioned
above.
However, it is essential to understand that pretrial detention conditions and length
can potentially raise constitutional concerns. Why? Since brutal conditions can be
considered inhumane and unusual punishment. However, the Eighth Amendment can
serve as a shield to prevent violating an individual's rights. Pretrial is also known as
pretrial detention or custody, meaning a person awaits the trial process without
conviction.
When analyzing if pretrial infringes the normative of the amendments, a biblical
passage came to my mind: “Submit yourselves for the Lord’s sake to every human
authority: whether to the emperor, as the supreme authority, or to governors, who are sent
by him to punish those who do wrong and to commend those who do right. For it is
God’s will that by doing good, you should silence the ignorant talk of foolish people.
Live as free people, but do not use your freedom as a cover-up for evil; live as God’s
slaves. Show respect to everyone, love the family of believers, fear God, honor the
emperor.” (New International Version 1973/2011).
The law established by the authorities was not made to harm us but to remind us
of our duty to be law-abiding citizens. The legal justification for a pretrial ruling is based
on public safety needs and the preservation of the legal process. It is not a secret that no
one wishes to see a defendant trying to flee from the legal process due to the mind of
guilt or generating the possibility of risking others. So, in my personal opinion, the
pretrial practice does not infringe on a defendant’s rights. It is God’s will that his people
be subject to the authorities, as stated in Romans 13:1: “Let everyone be subject to the
governing authorities, for there is no authority except that which God has established.”
Of course, God demands that we are not supposed to abuse others since the main
kingdom’s rule is love. “A new commandGI give you: Love one another.GAs I have loved
you, you must love one another (New International Version, 1973/2011).
References
LII / Legal Information Institute (n.d.). Sixth Amendment | U.S. Constitution | U.S. Law
https://www.law.cornell.edu/constitution/sixth_amendment#:~:text=The%20Sixth
%20Amendment%20guarantees%20the,charges%20and%20evidence%20against
%20you.
(New International Version, 2011). Bible Gateway https://www.biblegateway.com/passage/?
search=1%20Peter%202%3A13-23&version=NIV (Original work published 1973)
(New International Version, 2011). Bible Gateway https://www.biblegateway.com/passage/?
search=Romans%2013%3A1&version=NIV (Original work published 1973)
(New International Version, 2011). Bible Gateway https://www.biblegateway.com/passage/?
search=John%2013%3A34&version=NIV (Original work published 1973)
Schmalleger & Smykla: Correction in the 21st Century ( 9th ed). McGraw-Hill Custom, 2024.
The Arc (2018). Civil Rights Issues for People with Disabilities https://thearcca.org/info-
resources/civilrights/#:~:text=The%20Civil%20Rights%20of%20Institutionalized,people
%20with%20intellectual%20and%20developmental
The White House (n.d.). State and Local Government https://www.whitehouse.gov/about-the-
white-house/our-government/state-local government/#:~:text=Each%20state
%20has%20its%20own,many%20as%20the%20U.S.%20Constitution.
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