The answer to whether prisoners have too many rights is a no; a prisoner gets afforded the minimum of rights allowed by the constitution. The public sees the privileges of the inmates as the rights, which is not the case. They are not rights; instead, they are benefits and opportunities which get decided at each facility. Some of the prisoner's rights are; the right to raise issues concerning prison conditions and voicing about the treatment received. Right free from sexual crimes, the right to court access to air their complaints, and the right to racial discrimination in prison, except where there is a requirement of maintaining prison security and discipline. Lippke states that the prisoners only retain those First Amendment rights, for example, the freedom of speech. The rights are not inconsistent with their position as prisoners, and these rights are based on the legitimate goals of the corrections systems. Despite having fewer rights and privileges, inmates are faced with many challenges in prisons, such as reduced health care, privatization, increased individual health issues, loss of constitutional rights, and prison overcrowding. Overcrowding of prison is found to have raised many of these challenges. Because of the increasing number of crimes, many inmates are arrested and jailed, causing crowding. According to van Zyl Smit (2019), the large numbers lead to limiting meal times and visitation, also individuals experience deprivation of privacy. They get forced to sleep dozens in one room due to the limitation of spaces. Overcrowding increases the rate of victimization and suicide acts. Also, the inmates get subjected to inadequate medical care due to their large numbers. The loss of constitutional rights is also a challenge facing prisoners. Incarcerated people lose the right to privacy in prison and also get deprived of the right to vote while incarcerated. The ban on voting can follow them to the community and sometimes last throughout their whole life. Lack of necessities is another big challenge facing prisoners. Prisons are constitutionally required to provide their residents with necessities like medical care, food, clothing, and hygiene. Many do so in ways that make the inmate oppressed and taxed. There are reports of people running out of toilet papers, hygienic places, and other necessities, which lead to more individual health issues and the spread of various diseases. Despite the risks of overcrowded prisons, this challenge can get solved in different ways like the use of diversion programs, and this would ensure avoidance of prison entry since diverse programs turn prisoners away from prison time. The use of early release initiatives where prisoners can be under house arrest or parole to encourage the reduction of prison populations can also assist in reducing the number of inmates in prison.
References
Lippke, R. L. (2017). Toward a theory of prisoners’ rights. In Prisoners' Rights (pp. 177-200). Routledge.
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van Zyl Smit, D. (2019). Life imprisonment : A global human rights analysis. Harvard University Press.
