Inmate Rights

A dirty prison cell, which could arguably be considered cruel and unusual punishment for prisoners. Picture taken from mirror.co.uk.

Do Inmates Have More Rights Than We Think?
Story by: Michael Mosier

Inmates all across the country have multiple rights such as the right to hot meals every day and the right to shelter. This could be deemed common sense. They also have their Miranda Rights read to them upon being arrested. But, do prisoners have more rights that what we believe? The answer may be yes. According to HG.org, prisoners of every degree have the right to complain about prison conditions (HG.org). On top of being able to complain about their living conditions, they are also able to share their concerns with the courts in order to attempt to change their living conditions to suit their personal needs. For example, as depicted in the image above, the inmate(s) living in cells similar to this one are legally able to complain about the nasty cot in the dirty room. First, they must complain to the workers inside the prison they are in. If the prison workers do not comply, the prisons have the right to go above them and bring their concern to the court system in order to make their living environment more laundered. The complaints can range from a prisoner’s personal cell to a dirty cafeteria or even a vile public restroom (available in low security prisons).

Cruel and Unusual Punishment

Going hand in hand with suitable living conditions is the fact that prisoners have safety from cruel and unusual punishment. The abstinence of cruel and unusual punishment for prisoners is derived from the Eighth Amendment of the United States Constitution. According to the Law department at Cornell University, the Eighth Amendment gives individuals (including prisoners) the freedom from the death penalty (in most cases) and excessive fines (law.cornell.edu). Cruel and unusual punishment can range from disemboweling, beheading, burning, or public dissection of any prisoner.

This torture device, known as the Iron Maiden torture device, was used previously when prisoners were sentenced to death. Picture taken from Pinterest.com.

Obviously, torture devices have been deemed illegal to use on inmates nowadays, but they were not always illegal in prison settings. It has been confirmed that prisons were once able to use torture devices such as collars, tables with leather straps to secure inmates, different forms of suspension and stockades on their inmates.

This device, known as the Choke Pear, was used to silence prisoners who were too loud. The device was inserted into a prisoner’s mouth and then opened. Picture taken from Pinterest.com.

Prisoners today are free from torture devices because of the Eighth Amendment. Prisoners today are housed in a relatively clean and sanitary cell, have the right to adequate nutrition, are free from cruel and usual punishment, and have the right to complain about their living conditions to prison employees or to the court system. All in all, inmates are able to live relatively safe lives inside of prisons and hold many rights that we do not know about, such as education and the right to complain about sanitary conditions. Do you think prisoners have more rights than they should? Or do you think prisoners should be treated worse than what they are?