The US constitution grants a wide of rights and freedoms to the American people. Inmates are among the groups that the constitution whose rights the constitution safeguards. Despite the protections that the constitution guarantees, US prisons are notorious for gross violations of inmate rights. For example, it has been noted with concern that the conditions in many American correctional institutions expose inmates to mental health problems (Fellner, 2010). If the country fails to invest in improving prison conditions and securing the constitutionally-enshrined rights of inmates, the US should expect the inmates to challenge their confinement.
Legal Mechanisms for Challenging Confinement
There are various legal mechanisms that inmates can exploit to challenge their confinement. These mechanisms are mostly based on the conditions of confinement and the impacts that these conditions have on the wellbeing and rights of the inmates. One of the mechanisms regards the violation of constitutional rights. An inmate can successfully challenge their confinement on the basis that prison officials have violated their constitutional rights. For example, the constitution grants all Americans the right to receive treatment. If a prisoner is denied medical care, they may file a lawsuit challenging their confinement. An inmate who suffers violence in the hands of prison officials or fellow inmates may also challenge their confinement. Basically, provided an inmate believes that their confinement violates their constitutional rights, they may challenge the confinement.
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Sharon Dolovich (2009) authored an article in which she examined how cruel prison conditions can form the basis of a challenge that inmates file. In this article, Dolovich notes that the Eighth Amendment shields the American people against all forms of cruel punishment. She describes how the hazards that inmates encounter expose them to serious health and safety risks (Dolovich, 2009). These hazards lend weight to the suits that inmates file to challenge their confinement. There have been numerous cases involving prisoners who have called attention to the cruel conditions in which they are confined. For example, ten inmates in California challenged their solitary confinement. They contended that for over 10 years, they had been denied contact with others. This case is a representation of the mechanisms available to inmates who feel that their confinement is cruel and unlawful. Therefore, if an inmate feels that the conditions of their confinement amount to cruel punishment, they may challenge the confinement.
When an inmate successfully challenges their confinement, the state or federal government usually incurs costs. The costs mainly take the form of damages that are awarded to the inmate (Hanson & Daley, 1994). The costs that the government incurs are indeed justified. As noted above, cruelty or inhumane prison conditions are among the main factors that inspire inmates to challenge their confinement. The government has an obligation to follow the constitution and protect the rights of all Americans. When it fails to execute this obligation, it is liable for the harm that inmates suffer. For example, an inmate who suffers physical or sexual abuse while in prison has the right to be compensated for the harm suffered. Therefore, the costs that the government incurs for its failure to safeguard inmates’ rights are justified.
Management Issues for Inmates with Special Needs
In the 2011-2012 period, it was reported that at least 30% of inmates being held in state and federal prisons has some type of disability (Bronson, Maruschak & Berzofsky, 2015). The high number of inmates with special needs present challenges to the managers of prisons. Since they have special requirements, the managers need to ensure that the prison environment is aligned with the needs of these inmates. Cost, overcrowding, violence and security are the main management issues that inmates with special needs raise (UNODC, 2009). It is usually costly to modify the prison environment to suit the needs of these inmates. For example, in Albany, a jail for housing inmates with mental illnesses was constructed for $11 million (Roman, 2011). The high cost that Albany authorities incurred points to the financial burden that inmates with special needs impose. These inmates are also at a higher risk of suffering violence (Roman, 2011). They are also likely to engage in violent acts. The challenges that these inmates pose for managers are compounded by the problem of overcrowding. It is difficult for the prison managers to ensure security when most prisons in the US are dangerously understaffed. The lack of adequate personnel means that inmates with special needs are exposed to hazards. It has been noted with great concern that prison conditions hurt instead of safeguarding the wellbeing of inmates with special needs (Vallas, 2016). This observation underscores the need for urgent interventions.
Left unaddressed, the management issues mentioned above could adversely impact the wellbeing of inmates with special needs, other inmates, and prison officials. It is therefore critical for prison managers to take all necessary steps to address the challenges. To address the issue of cost, focus should be placed on crime prevention. By ensuring that individuals with special needs do not engage in criminal behavior, prison managers will help to reduce the number of inmates with special needs. Consequently, the cost of running prisons will be lower. Deploying adequate personnel promises to fix the problems of security and violence. When adequately staffed, prisoners will be able to protect inmates with special needs against harm and insecurity. To solve the issue of overcrowding, prison managers need to be in the forefront of legal reforms and crime prevention. Individuals who have committed minor crimes should not be sent to prison. Punishing minor crimes with prison terms is one of the factors responsible for the overcrowding problem in US prisons (Gargano, 2015). It is worth noting that prison managers simply lack the capacity and authority to implement the solutions proposed above. However, with support from other stakeholders such as communities and political leaders, it is possible to make prisons safer for inmates with special needs.
Constitutionality of Supermax Housing
The main provision of the Eighth Amendment is that no American should be subjected to cruel or unusual punishment. Holding inmates in supermax prisons is among the punishments that many consider cruel and punishment. An examination of the conditions and the impacts of these prisons confirm that they are indeed in violation of the provisions of the Eighth Amendment. It is believed that prisoners held in these facilities endure abuse, violence and torture in the hands of prison officials (Cohen, 2012). Medical practitioners have also been implicated in subjecting the prisoners to abuse. Further allegations that the inmates are treated like animals have emerged. Inmates with mental health issues who are held in supermax institutions face unimaginable hardship (Cohen, 2012). There is no question that supermax prisons expose inmates to various harms. In 2010, the European Court of Human Rights intervened to stop the extradition of terror suspects (Fathi, 2010). The court based its decision on fears that once in the US, the suspects would be sent to supermax prisons where they would be exposed to social isolation and would also suffer sensory isolation. The opinion of this court lends further weight to the argument that supermax prisons go against the Eighth Amendment.
In conclusion, the US has made encouraging progress in safeguarding the rights of inmates. However, violations of these rights are still being reported. It is indeed fortunate that there exist various legal mechanisms that inmates can use to challenge their confinement. Basically, when a prisoner feels that they are being held in conditions which violate their dignity and rights, they may demand attention. Inmates with special needs have also suffered as the US correctional system fails to adequately attend to their needs. The needs of these inmates present a cost burden while exposing the inmates to violence, insecurity and overcrowding. The US needs to improve its prisons urgently. As it does this, the country should also eliminate supermax prisons because they violate the constitution.
References
Cohen, A. (2012). Supermax: the constitution and mentally ill prisoners. Retrieved May 25,
2018 from https://www.theatlantic.com/national/archive/2012/06/supermax-the-constitution-and-mentally-ill-prisoners/258587/
Dolovich, S. (2009). Cruelty, prison conditions, and the Eighth Amendment. New York University Law Review, 84 (4), 881-979.
Fathi, D. C. (2010). Supermax prisons: cruel, inhuman and degrading. Retrieved May 25, 2018 From https://www.huffingtonpost.com/david-c-fathi/supermax-prisons-cruel-in_b_641145.html
Fellner, J. (2010). Solitary confinement and mental illness in U.S. prisons: A challenge for Medical ethics. Journal of the American Academy of Psychiatry and Law, 38 (1). Retrieved May 25, 2018 from https://www.hrw.org/news/2010/03/01/solitary-confinement-and-mental-illness-us-prisons-challenge-medical-ethics
Gargano, A. (2015). Federal sentencing reform can reduce prison crowding and save Money. Retrieved May 25, 2018 from http://thehill.com/blogs/congress-blog/judicial/240340-federal-sentencing-reform-can-reduce-prison-crowding-and-save
Hanson, R. A., & Daley, H. W. K. (1994). Challenging the conditions of prisons and jails. Retrieved May 25, 2018 from https://www.bjs.gov/content/pub/pdf/CCOPAJ.PDF
Roman, D. (2011). When jail inmates have special needs. Retrieved May 25, 2018 from https://www.timesunion.com/local/article/When-jail-inmates-have-special-needs-1342590.php
United Nations Office on Drugs and Crime (2009). Handbook on prisoners with special needs. Retrieved May 25, 2018 from
https://www.unodc.org/pdf/criminal_justice/Handbook_on_Prisoners_with_Special_Needs.pdf
Vallas, R. (2016). Disabled behind bars. Retrieved May 25, 2018 from https://www.americanprogress.org/issues/criminal-justice/reports/2016/07/18/141447/disabled-behind-bars/
