Correctional System

Correctional System

  • Submitted By: MEARLI
  • Date Submitted: 08/06/2013 7:51 AM
  • Category: Miscellaneous
  • Words: 2671
  • Page: 11
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Legal Implications in the Correctional System:
Prisoner Rights vs. the Law
Criminal Law
Mearli Orozco
Florida National University
Prof. O’Reilly

Many people sometimes argue that prisoners don’t have or should not be allowed to enjoy their human rights. Such arguments are wrong and have no basis in law. Prisoners are human being and as such they retain their rights even when in prison. This is so because human rights are universal. This means that every person, including a prisoner, has human rights, no matter who he/she is, where she/he is or his/her class, race, sex, age, social status. This paper will examine many legal implications that our corrections system is facing, in regarding to such as the right of privacy, the right to conjugal visits, the right to religious expression, the right to receive medical treatment, the rights of transgender prisoners, and the extent and limitations that exist for children of those persons who are incarcerated.

Our First and Eight Amendments in our constitutions, protects any citizen from cruel and unusual punishment and to gives us the right to freedom of speech and religion. But Trials awaiting prisoners or people who have been sentenced lose some of their rights, such as freedom of movement, but they keep other rights such as the right to dignity. These rights include the following, the right to human dignity as I mentioned before, the right to life, the right to equality and freedom from discrimination, and the right not be tortured or treated cruelly or inhumanely (Yarwood, 2012). This means that a prisoner retains his or her human dignity in all circumstances. His or her right to human dignity is inviolable in all circumstances irrespective of the type of crime he committed. He or she may also not be tortured or treated cruelly or inhumanely under any circumstances. This is so, because he or she...

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