15 Aug 2022

194

American Correctional Association: Do Prisoners Have Rights?

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Academic level: College

Paper type: Research Paper

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American Correctional Association (ACA) is an independent organization responsible for steering change in the justice system. Being the largest and the oldest organization on the globe, ACA has had a tremendous influence on the policies enacted in the justice system. This organization was founded in 1870, and it has since gained a reputation in establishing credible standards that have improved conditions in correctional institutions. For a long period, there has been an increased concern of many prisoners being mistreated. Poor healthcare services and overcrowded prison cells became the norm of correctional facilities. With the violation of prison rights becoming a global issue there was a need to establish rules that could be used to protect the rights of prisoners in the society. Based on this concept, the ACA standards have been embraced across numerous correctional facilities on the globe. Therefore, ACA has improved the justice system by introducing standards and other regulations that protect the rights of prisoners.

ACA background 

Since its establishment in 1870, ACA has become the oldest and the leading independent organization in advocating for prisoners’ rights ( Penn, 2015). For the last decade, ACA has been advocating for safe, effective and humane policies in all correctional facilities. It is through this aspect that it established standards that were to be used for regulating correctional facilities. Even though the organization was initiated by a small number of individuals led by Rutherford Hayes, it went ahead to gain recognition in the US ( Penn, 2015). For instance, in 2002, the policies stipulated by ACA were adopted by the United Nations organization ( Friedmann, 2017). This marked the first milestone that ACA achieved in its mission to alleviate the rot that was escalating in the justice system . With the prisoners being denied parole and other litigation rights, there was a need for the enactment of policies that will serve to alleviate these challenges in the society. Before the UN adopted ACA standards, most correctional facilities in the US deemed international policies as being obsolete ( Penn, 2015). Therefore, the renewal of these standards highlights ACA’s influence in the justice system.

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However, ACA’s initiatives of accrediting correctional facilities started to gain momentum in the 1960s ( Penn, 2015). Having been criticized by a majority of correctional facilities, it began to gradually expand its operations. For instance, in 1974, ACA created a commission that was to supervise all accreditation operations ( Friedmann, 2017). It is through this expansion that allowed for the certification of Vienna correctional center in 1979. Since then, ACA is considered to have accredited more than 900 correctional facilities in the globe. With about 80% of the US correctional facilities certified, it is evident that the ACA standards are currently used to regulate operations in the correctional system ( Friedmann, 2017). 

Accreditation is where the correctional facility accepts to be ranked using the main standards stipulated by ACA. However, accreditation is only a commencement of a process since ACA officials have to continuously examine specific data, structures and the rules that the correctional facility has established for it to be ranked. Even though accreditation is not a mandatory policy, it only serves to improve operations in correctional facilities. In doing so, the rights of prisoners are protected. While this process has proved valuable in society, much credit goes to the enacted ACA standards. For instance, in 1970, ACA established 138 standards of which 39 were to be mandatory policies for the accredited institutions ( Penn, 2015). However, each one of them has a set of goals and measurable outcomes. Security, care, order, administration, and justice are some of the critical areas that the standards examine.

Impact On Prisoners’ Rights 

As indicated by ACA, prisoners have a right to safety. Before, the establishment of ACA standards, the largest portion of correctional centers in the US were known for the violation of prisoners’ safety rights. Overcrowding in the cells was highlighted as one of the reasons for the deteriorating safety in American jails and prisons ( Noonan, Rohloff & Ginder, 2015). For instance, in 2004, the Bureau of Justice Statistics indicated that the US jails and prisons housed more than two million law offenders ( Noonan, Rohloff & Ginder, 2015). In 2003, the state correctional facilities alone housed about 1,290,459 prisoners ( Noonan, Rohloff & Ginder, 2015). Given that the US has a few number of correctional facilities, it is logical to predict that not all prisoners have access to beds. In such a situation, some inmates will be forced to sleep on the floor or any other places that are unsafe for humans. As indicated by the Federal Bureau Of Prisons, 3300 inmates lose their lives annually due to inadequate safety measures ( Espinosa & Regenstein, 2014) . However, since the spread of ACA standards across the US and other parts of the world, correctional facilities have improved in terms of safety. For instance, in 2003, the statistical report from the Federal Bureau of Prisons highlighted that majority of correctional facilities in the US were already integrating ACA standards in their operations ( Penn, 2015). Through this aspect, it is evident that most prisons are currently appreciating the relevance of safety. It is through this process that prisoners are presently enjoying their safety rights. However, much credit should go to the ACA which has singlehandedly played a vital role in championing for the rights of prisoners. Through the ranking process, majority of correctional centers have been encouraged to adopt safety measures that resonate with ACA standards.

Also, prisoners have a right to care. Despising being legally mandated to access healthcare services freely, overcrowding in prisons has played a role in the ultimate violation of this right ( Espinosa & Regenstein, 2014). Before the adoption of ACA standards, many correctional facilities were finding it hard to adhere to the prisoner’s right to access quality care. Budget problems and other financial constraints proved to be the main problem for the poor quality of care provided to prisoners ( Friedmann, 2017). Given that prisons and jails are primarily established for confinement purposes, releasing prisoners for external treatment may not be possible due to security issues. It is through these challenges that correctional facilities were compelled to violate the prisoners’ rights of quality care. Since the initiation of ACA accreditation programs, access to quality care has been improved in most prisons ( Regenstein & Rosenbaum, 2014). For instance, ACA reports that about 28 correctional facilities in the US are currently providing special care for the prisoners ( Noonan, Rohloff & Ginder, 2015). The reinforcement of ACA standards in correctional centers has helped to boost the prisoners’ ability to access care. In cooperation with the correctional facilities, it has been easy to establish a culture where prisoners’ rights are being respected . With this knowledge, the establishment of ACA standards has served as a major factor in reducing cases where prisoners’ rights are violated.

Furthermore, prisoners have a right to receive a professional judgment. For a long time, ACA has been at the forefront of championing for effective litigation processes in the judicial system. Mostly, penal codes do not provide the state judges with a chance to examine the innocence of the law offender. For instance, in terrorism and drug cases, the laws offer harsh and lengthy minimum sentences which cannot be fairly contested in courts ( Friedmann, 2017). Even though the judges may harbor different reservations regarding some instances of terrorism, the state laws do not allow for this flexibility. In such cases, the prisoner’s right to a fair and professional judgment is violated. However, ACA has played a vital role in championing for the litigation rights of prisoners. In mitigating this problem, ACA has endorsed the “safety valve” statutes that will provide judges with the mandate to determine the sentences provided to certain crimes that were initially dictated by the state ( Friedmann, 2017). Therefore, this is one of the few measures that have highlighted ACA’s concerns in improving the litigation rights of prisoners.

ACA’s Influence 

Since the establishment of ACA, it has played a vital role in revamping the whole justice system. In the past, the rights of prisoners were violated because there were no proper structures to regulate the operations of correctional facilities. However, the introduction of ACA standards has positively impacted the justice system regarding safety, management, and treatment of prisoners. Some of these challenges were instigated by the availability of few and old standards for correctional centers. In the 1960s after ACA had created its rules, it went further to establish other 22 reputable regulations for prisons and jails ( Friedmann, 2017). Considering that these standards were not present in the past, it is evident that ACA’s efforts have been instrumental in steering change in the justice system. Today, accredited prisons are provided with manuals and other statutory regulations that they need to follow for development ( Friedmann, 2017). Nevertheless, ACA publishes mandatory manuals that dictate the strategies that correctional facilities have to embrace regarding electronic monitoring, food service, healthcare and general management of inmates.

Also, ACA has played a leading role in enforcing its standards internationally. For instance, about 1300 correctional facilities in the US and other nations have embraced the criteria stipulated by the ACA ( Friedmann, 2017). In cooperation with the UN, enforcement of mandatory rules in correctional facilities has been achieved. It is through this process that ACA has been able to make substantial changes in the justice system. Today, US correctional facilities are legally required to demonstrate integrity, fairness, and respect in their operations ( Friedmann, 2017). In doing so, the lives of inmates have been improved since hey currently have the authority to exercise their rights to safety, healthcare, and fair litigation.

The introduction of the accreditation program is another critical regulation that has played a crucial role in enhancing healthy competition in the justice system. This is a sector that was initially considered dormant and governed by retrogressive provisions. However, through the accreditation process, the reputation of this sector has been restored. Today, there are more than 900 accredited facilities in the US ( Friedmann, 2017). With this statistical data, it is evident that correctional centers are currently embracing the idea of competition through advancing internal operations and adhering to the standards stipulated by ACA. For a better rank, the facility has to comply with ACA’s mandatory regulations. In doing so, the facility is expected to make significant policy changes that will allow prisoners to have a safe and secure environment that is within the human rights threshold. Also, ACA has been influential in steering significant changes in the court litigation processes. For instance, it is through the efforts applied by ACA that coerced the San Francisco Department of justice to allow judges to have the final say in drug-related cases ( Friedmann, 2017). Generally, ACA has been influential in steering major advancement in correctional centers

Conclusion 

In conclusion, ACA has advanced the justice system by introducing standards and other statutory regulations that are vital for the protection of prisoners. Before the establishment of ACA standards, correctional facilities were known for violating the rights of inmates. Essentially, prisoners have a right to safety, quality care, and fair litigation. Given the overcrowding and budget issues, correctional facilities found it hard to adhere to the rights legally provided to inmates. However, the introduction of ACA standards proved to be the turning point in the justice system. Through the enacted regulations, correctional facilities were required to make proper adjustments regarding the safety of inmates, service of food, management, and cleanliness. In doing so, correctional centers were compelled to embrace a culture where the rights of inmates are respected at all times. Also, ACA has been influential in steering change in the litigation processes. With this knowledge, ACA has played a vital role in advancing the justice system to the next level.

References

Espinosa, J. F., & Regenstein, M. (2014). How the affordable care act affects inmates.  Public Health Reports 129 (4), 369-373. 

Friedmann, A. (2017). How the courts view ACA accreditation.  Prison Legal News

Noonan, M., Rohloff, H., & Ginder, S. (2015). Mortality in local jails and state prisons, 2000-2013–statistical tables.  Bureau of Justice Statistics. 

Penn, J. V. (2015). Standards and accreditation for jails, prisons, and juvenile facilities.  Oxford textbook of correctional psychiatry , 359-364. 

Regenstein, M., & Rosenbaum, S. (2014). What the Affordable Care Act means for people with jail stays.  Health Affairs 33 (3). 

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StudyBounty. (2023, September 16). American Correctional Association: Do Prisoners Have Rights?.
https://studybounty.com/american-correctional-association-do-prisoners-have-rights-research-paper

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