Mini Paper: Prisoner’s Rights Assignment
Rebecca Jordan
Liberty University, Helms School of Government
CJUS 320: Corrections
Professor Gerald Green
May 29, 2025
Mini Paper: Prisoner’s Right Assignment
Even after incarceration, prisoners retain vital civil rights and are safeguarded against
cruel and unusual punishment. While prisoners lose some rights, they are entitled to humane
treatment, including adequate food, healthcare, and safe living conditions, as well as access to
legal aid to guarantee their fundamental human rights are sustained. Key rights include the
freedom to practice their religion, protection from discrimination and abuse, and the right to
challenge their sentences through access to courts and legal counsel. Moreover, prisoners
should have equal access to educational and rehabilitation programs that facilitate their
reintegration into society. These rights are reinforced by constitutional amendments, federal
and state laws, and international human rights standards that recognize the inherent dignity of
every individual.
There are four fundamental legal foundations that play a vital role in protecting the civil
liberties of inmates: federal statutes, the U.S. Constitution, state statutes and state
constitutions. Together, these frameworks ensure that individuals in incarceration retain certain
essential rights, even while serving their sentences. The U.S. Constitution, particularly through
the Bill of Rights, delineates a wide range of fundamental privileges that apply to all individuals,
including those in prison. For instance, the First Amendment guarantees freedom of speech and
religion, allowing prisoners to express their beliefs and communicate their thoughts (The Bill of
Rights: A Transcription, 2025) . The Fourth Amendment acts as a safeguard against
unreasonable searches and seizures, protecting prisoners from arbitrary intrusions into their
privacy (The Bill of Rights: A Transcription, 2025) . Additionally, the Eighth Amendment explicitly
forbids cruel and unusual punishment, establishing an essential standard for humane treatment
within correctional facilities (The Bill of Rights: A Transcription, 2025). Each state also has its
own constitution, which can offer additional rights or protections that exceed the minimum
requirements set by the U.S.
Constitution. These state constitutions often address issues specific to their particular
correctional systems, ensuring that the rights of prisoners are upheld according to local values
and circumstances.
At the federal level, Congress has the authority to enact laws that focus specifically on
the rights and conditions of confinement for prisoners. A prominent example “is Title VII of the
Civil Rights Act of 1964, which prohibits discrimination based on race, religion, sex, or national
origin (Lewis & Llewellyn, 2020),” thereby ensuring that prisoners receive fair and equitable
treatment regardless of their backgrounds. Similarly, state legislatures can introduce laws that
regulate various aspects of prison operations, including the treatment of prisoners, procedures
for imposing disciplinary actions, and the rights of inmates to access legal counsel. These
legislative measures work together to promote a more just and humane correctional
environment.
A significant issue in today’s legal conversations is how pretrial detention affects
individual rights. Pretrial detention is not always a rights violation, but it can be abusive if it lasts
too long or is used as punishment instead of ensuring court attendance or protecting
community safety. The U.S. Constitution and various international human rights agreements
protect personal freedom and guard against arbitrary detention. These laws stress the need to
protect individual rights from government actions. For instance, the 1984 Bail Reform Act
demands judges to contemplate the least restricting options needed to ensure a defendant
shows up for court while also keeping the community safe. This act highlights that pretrial
detention should be the last resort, making sure individuals do not lose their freedom without a
good reason. When deciding whether to detain a defendant, courts examine several important
factors, including the depth of the evidence, the gravity of the alleged crime, and the offender's
past behavior, including any history of not following court orders (Pretrial release and detention
in the federal judiciary,
n.d.). These careful evaluations are essential to stabilize the rights of the alleged with the
requirement to protect the safety of the public and maintain the fairness of the legal procedure.
In summary, while pretrial detention aims to uphold the legal system, it can have negative
impacts, especially on vulnerable individuals when it is used as punishment. If inmates are
certain their civil liberties have been infringed, they have options for seeking help. They can file
a complaint within the prison system, seek legal help, and, if necessary, file a lawsuit in federal
court. The 1996 Prison Litigation Reform Act (PLRA) requires that anyone in prison must follow
all internal complaint processes before starting a lawsuit about their prison conditions. This law
aims to reduce unnecessary lawsuits from inmates, making the legal process more efficient.
Therefore, it’s important for inmates to first submit a clear written complaint to the relevant
prison officials. If this process does not lead to a satisfactory outcome, they can look for further
legal options with the help of a knowledgeable attorney, who can support them in defending
their rights.
In Hebrews 13:1-3 it states, “Let brotherly love continue. Be not forgetful to entertain
strangers: for thereby some have entertained angels unawares. Remember them that are in
bonds, as bound with them; and them which suffer adversity, as being yourselves also in the
body (KJV).” The Bible emphasizes the notion that every individual, regardless of their
circumstances, including imprisonment, retains fundamental human rights. This perspective
underscores the inherent dignity and worth of all people, reminding us that justice and
compassion should prevail, even in the most challenging situations. It serves as a powerful
reminder that our humanity is not diminished by our choices or actions, highlighting the
importance of treating everyone with respect and fairness, irrespective of their status.
References
Lewis & Llewellyn. (2020, January 3). Sexual Abuse in Prison: How Survivors Can Seek
Justice. Lewis and Llewellyn, Fighting Sexual Abuse.
https://sexualabuselawfirm.com/blog/sexual-abuse-in-prison-how-survivors-can-seek-justice/
#:~:text=Laws%20Protecting%20Prisoners%20Title%20VII%20of%20the,this%20definition%2
C%20sexual%20harassment%20is%20a%20crime.
Pretrial release and detention in the federal judiciary. (n.d.). United States Courts.
https://www.uscourts.gov/about-federal-courts/probation-and-pretrial-services/pretrial-
services/ pretrial-release-and-detention-federaljudiciary#:~:text=Background,appear%20in
%20court%20as%20required.
The Bill of Rights: A Transcription. (2025, April 28). National Archives.
https://www.archives.gov/founding-docs/bill-of-rights-transcript
The Holy Bible: New King James Version. Nashville, TN: Thomas Nelson Publishers,
1982.
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