Introduction
Before the 1960s, once an individual was under the correctional administration, they did not have any rights, as they were considered criminals, and for that, they were slaves of the state. However, several inmates’ rights have been introduced since the 1960s. The rights encompass key aspects such as health, communication, meals, religion, parole, discipline, trial, and conflict resolution. The freedoms and rights were shaped by various cases and overseen by the Supreme Court to regulate and guide the correctional system.
Summary of Inmates’ Rights and the Cases
First is the freedom of religion as one of the fundamental rights of prisoners, allowing inmates to practice their religious faith, and the authorities must facilitate this by providing the necessary means. The right was influenced by the cases of Turner v. Safley and O’Lone v. Estate of Shabazz, in which the Supreme Court granted prisoners the right to freely engage in religious activities of their choice (Godwin, 2022). The law encompasses religious dietary rights and the right to pray.
Second is the legal right to a fair trial, which allows inmates to undergo due process by having prior knowledge of their charges before prosecution. The right further allows prisoners to have witnesses and testimonies. In addition, the right grants inmates the opportunity to have a legal representative, such as an attorney (Godwin, 2022).
Finally, the right allows a prisoner to have a written formal explanation of the evidence against them. The right to a fair trial was established by the Supreme Court in Wolf v. McDonnell (1974), which outlined the due process of trial. A fair trial encompasses equal rights for individuals, regardless of gender, race, or ethnicity.
Third is the right to communication, including free speech and connection with the outside world. The law allows inmates to communicate with their families/friends through mail and telephones (Jouet, 2022). The right to freedom of speech and expression came to be established following the case of Procunier v. Martinez (1974), in which the Supreme Court granted inmates the right to freedom of speech and expression and outlined special circumstances in which the authorities were allowed to prohibit communication.
Fourth is the right to medical care and discipline. The law grants freedom from inhumane punishment by the prison authorities and fellow inmates. The law does not allow prison guards and other correctional officials to subject inmates to cruel punishments such as physical waterboarding or starvation (Jouet, 2022). Similarly, the law provides the right to medical services whenever they are needed, including abortion. The Supreme Court introduced the right in the case of Estelle V. Gamble (1973).
Fifth is the right of parole for prisoners facing parole revocation. The law grants them the opportunity to attend the hearing, receive advance notice, question witnesses and their testimonies, have an impartial decision, and the right to receive the evidence in written format (Paltrow, 2022). The Supreme Court introduced the law following the case of Morrissey v. Brewer (1972), in which the court expanded the rights of individuals who fall victim to parole revocations.
Sixth is the civil right to vote, which allows legally qualified prisoners to participate in the election process. According to the right, incarcerated individuals with the right qualifications, meeting age and other requirements, were permitted to participate in the voting process (Jouet, 2022). The Supreme Court established the law in the 1974 case O’Brien v. Skinner, ruling that imprisonment does not strip inmates of their civil rights.
Impact of the Rights
The rights have impacted correctional administration by enhancing justice through fair trials and enabling the achievement of the objectives of correctional programs. Inmate rights, including the legal protections that guarantee due process for parolees and suspects, enable both plaintiffs and defendants to access justice (Paltrow, 2022). In addition, the rights have made it easier to achieve the rehabilitation goal of the correctional process. The objective of the correctional process and programs is to rehabilitate prisoners and prevent them from repeating their mistakes. Therefore, the inmates’ rights, such as the right to practice their religion, enhance the achievement of the goal.
Whether Inmates Have Too Many or Few Rights
Inmates are individuals who, for various reasons, have committed mistakes/crimes. However, that does not make them less human or call for their mistreatment (Godwin, 2022). The purpose of their correctional process is to help them understand their mistakes and improve their character. Mistreating prisoners by infringing on their rights can break them and make them worse. However, if they are treated well, they will learn from their mistakes and improve. It is for this reason that I believe the inmates’ rights are too few and should be expanded.
Recommendations
The right to conjugal opportunity should be added to make the prisoners enjoy sexual favors. Sex is one of the fundamental needs of humans as it touches both physical and psychological aspects. Additionally, the right to educational training should be provided to enhance inmates’ productivity both inside and outside the institution. However, the medical right to abortion should be scrapped as it does not help the prisoners in improving their health, nor does it threaten the life of unborn babies. Similarly, the right to speech can be withdrawn because it is prone to misuse by prisoners.
Conclusion
In summary, inmates’ rights take various shapes, from medical, legal, communication, parole, religious, and meal rights, and were introduced to safeguard the interests and welfare of prisoners during their correctional process. The rights have impacted the judicial process positively by enhancing justice and fairness, as well as enabling the achievement of the rehabilitation goal of correctional programs. Finally, the rights are too few and should be added to create a prison and correctional process that is as friendly as possible, as that will make it easier for inmates to learn from their mistakes and improve their character.
References
Godwin, M. (2022). ‘Let my people go’: diaspora mobilization for the human rights of political prisoners. Globalizations, 19(2), 322-336. Web.
Jouet, M. (2022). Foucault, prison, and human rights: A dialectic of theory and criminal justice reform. Theoretical Criminology, 26(2), 202-223. Web.
Paltrow, L. M. (2022). Roe v Wade and the new Jane Crow: Reproductive rights in the age of mass incarceration. American Journal of Public Health, 112(9), 1313-1317. Web.