Inmates Rights and Privileges

Document Type:Research Paper

Subject Area:Law

Document 1

Privileges are favors granted for various reasons and can be taken away at the discretion of prison officials or the authority of correctional facilities. Over the years, the courts have consistently upheld the rights and privileges of inmates but with some limitations since life in prison is different from the outside world. Therefore, this paper critically gives an in-depth analysis and understanding of inmate rights and personal privileges, and their pros and cons as an aspect of corrections management. I. Freedom of Speech. The decision by prison officials in allowing religious participation by inmates has been widely dependant on obiter dicta and per curiam. Prison officials are obliged by various court determination, opinions and discussions about religious programs in correctional centers.

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The case of Theriault vs. Carlson was decided that state must remain neutral in religious matters and neither favor nor inhibit any religion (Pearlman et al. In the first amendment clause, a state or federal government is prohibited from openly or secretly establishing or supporting, passing laws, forcing or influencing a person or church to profess a particular belief or disbelief pertaining any religion. III. Freedom of Association In the case of Robert vs United States Jaycees, the court held that, the protection of rights of an individual, that is, to enter into and maintain specific intimate human relation such as conjugal visits and the right to engage in expressive association such as media interviews to be the two types of freedom of association safeguarded in the constitution.

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Both contact and non-contact visits are valued in correctional facilities (Emery, 2013). Through these visits, inmates enjoy the privilege of meeting and sharing with their loved ones particularly their spouse and kids. By meeting the media interviewers, inmates can express their living conditions in their respective prisons. Provision and strict adherence to these rights is an advantage to inmates who are unable to secure legal representation on their own due to reasons such as poverty or destitution. The limitation or cons of this right is that the accused person has to prove, before the court, beyond any reasonable doubt, their extreme poverty which renders them completely unable to secure personal lawyers. In conclusion, it is worth noting that prisons are not dens of torture where inmates are subjected to inhuman conditions, instead are correctional facilities for persons accused and proven guilty of various offenses.

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The Supreme Court has in several cases set precedents concerning litigation challenging restrictions of multiple inmates’ rights and privileges which are paramount considerations by prison officials in administering the welfare of prisoners. Therefore, however much these rights should be limited on account of insecurity and other issues deemed to be dangerous, it should be done without jeopardizing their rights and privileges as guaranteed by the constitution. A. Legal basis of free legal aid state system administration in the Russian Federation.  Journal of Sustainable Development, 8(3), 277. Cram, I.  Contested words: legal restrictions on freedom of speech in liberal democracies. Pol'y Rev. Pearlman, M. G. Kosiak, D.  Legal aspects of corrections management.

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