Correctional facilities in the United States (US) are ruled by state and federal laws. They manage the creation and running of prisons. Correctional facilities do not have complete statutory rights but the same federal and state laws still protect the rights of inmates. The basis of prison is not just punishment but behavioral rehabilitation of inmates. The constitution believes that offenders can rehabilitate and become functional members of society that’s why they are accorded the ultimate right to rehabilitation. Therefore, prisoners are human and should not be treated otherwise. Like anybody else in the United States, they are privy to some rights. As such there are foundations of correctional law that stand for and guide on what kind of rights a prisoner is accorded. The four foundations that support prisoner’s rights under the law are the constitution, case law, statutes and, regulations (Clear, 2013).
Each state in the US has its own constitution that runs parallel to the United States Constitutions. The only difference is some addition in legislature pertinent to that state. Meaning that state laws may differ from one another depending on the state’s preferences. However, human rights form the basis of a prisoner's rights in correctional facilities hence important to look at the US Constitution to understand the Bill of Rights. The first ten amendments in the United States Constitution make up The Bill of Rights and they provide the required protection against the government that would otherwise harm the rights and liberties of a prisoner. Out of the ten, several have a direct bearing on the activities in prison as they uphold the freedom of an inmate to religion, speech, association, regulate unlimited seizures and searches, require due process, and prohibit unusual excessive cruel punishments. The Eighth Amendment states that no extreme bail shall be required from the accused. No extreme fines imposed, or harsh and uncommon punishments imposed on the accused. The Sixth Amendment states that the accused shall enjoy the right to a speedy and public trial attended by an unbiased jury in all criminal prosecutions. The amendment goes on to describe the rights of the individual regarding the case. The Fifth Amendment talks about no one will be deprived of life, liberty or property by the federal government without due process of the law. If anyone is to be incarcerated, their property impounded and seized, it should all be done through the law. The amendment still requires that the United States government offer equal protection while the Fourteenth Amendment requires states to practice equal protection. Therefore, the US Constitution is a pillar in protecting prisoner’s rights while incarcerated in a correctional facility (Wooldredge, 2018).
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Pretrial detention denotes the keeping of a suspect in a criminal case before their trial has taken place. Pretrial detention is not a violation of a prisoner's right by virtue of it being a law. According to the Pre-Trial Detention Law, the judge presiding over a case can detain an accused if they rule that the accused may not attend trial when released. Pretrial detention is also important when the accused may cause danger to the community or interfere with the investigative arm before trial. These are the reasons why a judge can revoke an accused ability to post bail. However, pretrial detention goes hand in hand with the accused right to a speedy and public trial under the Sixth Amendment of the US Constitution. For instance, holding an accused for long periods like over ten years will be in violation of their right to a speedy trial. The violation invalidates the pretrial detention law because that was one of the reasons why the law was enacted. Unlawfully detaining an accused also invalidates their right to due process because the law is not followed in unlawfully detaining an accused.
Prisoners are already incarcerated when their rights are infringed. When their right of due process is infringed by the US government through state officers like the judge or incarceration officers, prisoners have a right to complain and report the matter. There is a channel that they can follow to remedy the wrongs. As one of the first the rights accorded to a prisoner when they were arrested was a right to an attorney hence the one phone call. If the prisoner cannot afford, the state appoints one for them. It is through the attorney that a prisoner can complain. The complaints are addressed when the accused has a trial or an attorney can file for a trial just to address the complaint. The outcome depends on what kind of complaint it is. For instance, if the accused was denied a parole hearing, they can be granted one if it is warranted.
References
Clear, T. R., Cole, G. F., & Reisig, M. D. (2013). American Corrections . Belmont, CA: Wadsworth, Cengage Learning.
Wooldredge, J., & Smith, P. (2018). The Oxford handbook of prisons and imprisonment . New York, NY, NY: Oxford University Press.
