Preview

Should Prisoners Have Restricted Liberties

Powerful Essays
Open Document
Open Document
1331 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Should Prisoners Have Restricted Liberties
It must be their priority to create the conditions for a well-functioning democratic order, in which key human rights are genuinely safeguarded. The purpose of this report is therefore to analyse and evaluate to what extent prisoners should be entirely entitled to their human rights in western liberal democracies. Two perspectives will follow the introduction on the intent of punishment. Subsequently, prison conditions that threaten detainees’ human rights will be explored with a particular focus on human rights implications of overcrowding, torture and death penalty. Finally, the report will consider the right to vote of prisoners, which aims to expand rights to people who have restricted liberties due to court decisions. To a certain extent, …show more content…
However, the provenance of the source highlights a vested interest in the topic for the fact that as said previously, it promotes human rights and ensures that signatory parties respect the ICCPR. It is important to note that international treatises such as the International Bill of Human Rights, International Covenant on Economic, Social and Cultural Rights and Universal Declaration of Human Rights corroborate and support the validity of the ICCPR. It could be argued that the notion that prisons ought to reform convicts provides a positive justification for what would otherwise be an adverse form of punishment of the crime. Reformation of prisoners is likely to be compelling if it can be linked in some way to efforts to reduce crime. However, it is very difficult to make any direct connection between this assumption and an increase or reduction in national crime rates. For this reason, implementation of restorative justice as way to guarantee prisoners’ entitlement of human rights is often difficult to achieve. Contrastingly, other people have an opposite interpretation of the intent of

You May Also Find These Documents Helpful

  • Good Essays

    Throughout “Dreams from the Monster Factory,” Sunny introduces many different aspects and dilemmas dealing with the criminal justice system. While reading her book, it truly opened my eyes, and made me realize exactly how prisons are, and how they deal with inmates. This is much different than reading a textbook, which is also beneficial, but Sunny’s book gave personal experiences, feelings, and situations. As a criminal justice student, the book made me relate the information that I am taught in my classes to the dilemmas and situations Sunny dealt with. A major moral dilemma that is becoming more and more prevalent in today’s society is also a key dilemma throughout the book. Sunny’s argument is that the rehabilitation system dealing with the criminal justice is more beneficial and favorable than that of retributive. She was very passionate about this system dealing with the inmates of the prison she worked at.…

    • 901 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    The criminal justice system in any country in the world will not be complete without the prison. Some authorities and governments view the prison as a place of punishment, while others view it as a venue where a member of society can rehabilitate, and eventually be reunited with society. Whatever a person’s view may be, the prison will always be a part of the criminal justice system. This paper will focus on the influence of leadership, culture, systems, law, and influential stakeholders in prisons. This paper will also focus on the positive or negative influences of each…

    • 954 Words
    • 4 Pages
    Powerful Essays
  • Good Essays

    Many years ago, rehabilitation was a priority in the prison system. After the focus shifted to punishment, it was clear to see that rehabilitation is necessary in the criminal justice system.…

    • 573 Words
    • 3 Pages
    Good Essays
  • Better Essays

    As the number of prisoners increase within the prison systems today, a question has risen on should prisoners lose their constitutional rights while in prison. Constitutional rights are the rights that are granted to the citizens by the government. These rights can’t be taken away legally. The way a prisoner is treated is not based on their behaviors or what crime they’ve committed, but is left up to the administrators of the prison. “In the late 1960s and early 1970s, the federal courts began to oversee state prison systems and develop a body of law dealing with prisoners ' rights. During the 1980s, however, a more conservative Supreme Court limited prisoners…

    • 2107 Words
    • 9 Pages
    Better Essays
  • Powerful Essays

    The assumption of rehabilitation is that people are not natively criminal and that it is possible to restore a criminal to a useful life, to a life in which they contribute to themselves and to society. Rather than punishing the harm out of a criminal, rehabilitation would seek, by means of education or therapy, to bring a criminal into a more normal state of mind, or into an attitude which would be helpful to society, rather than be harmful to society. Although the importance of inflicting punishment on those persons who breach the law, so as to maintain social order, is retained, the importance of rehabilitation is also given priority. Humanitarians have, over the years, supported rehabilitation as an alternative, even for capital punishment.…

    • 775 Words
    • 4 Pages
    Powerful Essays
  • Good Essays

    The core of restorative justice is comprised on fundamental guiding values such as respect, individual dignity, inclusion, responsibility, humility, mutual care, and the reparation of harms (Pranis, 2007). Guiding values evoke individual values including respect, honesty, compassion, open-mindedness and patience, so as to maximize peace while considering the needs of the victim, offender, community and all other stakeholders (Zehr, 2002). Restorative justice is an alternative approach to the traditional punitive justice system that extends the definition of crime as existing beyond one specific violent act (Pepinsky, 2000). Contrary to what is considered in Western society’s view of crime,…

    • 204 Words
    • 1 Page
    Good Essays
  • Good Essays

    Moving forward, we examine the rehabilitation view. This view of punishment fails the guilt requirement because the criminal justice system would have to sort out all the potential criminals from society and attempt to rehabilitate them and attempt to make them into a better person, which would be nearly impossible. It also fails the equal treatment requirement because each criminal would require a different form of…

    • 581 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    I believe that criminals should retain certain civil rights because they are in fact humans at the end of the day and are still American Citizens. I believe they should still have access to certain rights because to me, it would be inhumane to completely abolish all the rights of the individual that is being punished. I believe that there should be rights that are considered permissable but that are not in contradiction to the rules or regulations of the prison where the individual is captivated. These individuals all come from somewhere, either a family, friends, or a work environment. I believe that the lives of many are impacted by the restraint of the individual and if the individual that is convicted can't stay sane due to the lack…

    • 200 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    American Prison Model

    • 755 Words
    • 4 Pages

    Looking back at history, there have been countless ideals to reform and rehabilitate convicted criminals to attempt to make them “normal” enough to rejoin society. I think it is important to look and all of the past options and modes of reform and rehabilitation and compare them to how criminals are treated in prisons in today’s society. This paper will discuss the ideals behind penitentiaries, as well as the goals and benefits to them and other American prisons from the 1800’s.…

    • 755 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Philosophy Of Sentencing

    • 851 Words
    • 4 Pages

    The complexities of human nature, emotions, thought, morals and ethics have been debated for centuries, and the dilemma of sentencing another human to a form of corporal punishment, incarceration or death, requires a firm foundation in the laws of the land, tempered by years of study and dedication to the law one has sworn to uphold. The several reasons for sentencing of a crime is: Revenge, for an actual or perceived need for vengeance on a violation, usually one that is very personal and emotional in nature. Incapacitation, which is to prevent the criminal from repeating crimes against society by placing them into a correctional facility on a long term or permanent basis. Restoration, is a form of sentencing when the convening authority is attempting to protect the victims by helping them to feel safe and secure. Deterrence is a sentence where the courts attempt to prevent the subject of a crime from offending again. Retribution, which is probably the oldest reason for sentencing was utilized for equal punishment to the crime, drawing from the old adage “eye for an eye”. Lastly is the sentence of rehabilitation, which in societies modern view, the ideal and preferred sentence,…

    • 851 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Lawanda, I too can appreciate both traditional and restorative justice. Leaders in criminal justice are being confronted with the needs of expanding offender populations while grappling with depreciating budgets. Seeking a more productive and effective medium of managing offenders has led many states to focus on the use of evidence based principles within community corrections agencies with proven methods of reducing offender recidivism (CJI, 2009). Violent and career criminals need to be incapacitated from society; therefore, prisons are a necessity. The foundation of restorative justice is reintegrative shaming and is generally reserved for first time offenders. In our contemporary world justice is not swift and God’s edict admonishes…

    • 156 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Many people hold the point of view that criminals chose to give up their rights and freedoms when they commit a crime. On the other side, prisoner advocates and those interested primarily in rehabilitation feel detainees should be allotted the same rights as ordinary citizens. Examples of these rights include the right to a fair hearing before being punished by prison officials (punitive actions within a jail could include being moved to solitary confinement or transferred to a higher security prison), the right not to endure arbitrary searches or lockdown and the right to fair and respectful treatment by prison staff. This is argued on the basis that prisoners will not learn how to function in society and will have limited success in their treatment programs if they are constantly subject to the frustrating reality of limited personal…

    • 758 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Restorative Justice

    • 1123 Words
    • 5 Pages

    In this case, restorative justice has the means to offer a unique opportunity to exchange wants, needs, ideas and thoughts between the parties affected. This allows the survivor and the offender to assess the assault and abuse as well as its consequences. Due to the involvement of both parties in the process, the victim no longer feels intimidated by the wrongdoer, which entirely reorganises their affiliation. Since both stakeholders hold the responsibility to express their motivation, ability and willingness to manage the outcomes of the event, it can be concluded that there is an overall greater compliance with agreements, as well as a reduced imprisonment and recidivism rate, which satisfied the interests of the victims, society and the offender(s). If this process is taken sincerely and with diligence, compassion and patience, it can be very successful in regaining control of the situation in terms of the victim, and righting the wrongs by the offender. Even with a lack of guarantees, restorative justice has a lot to offer to all stakeholders, including the potential to enlighten one’s understanding of the past events, as well as enriching lives and self-development of not only victims, but also their families as well as the offenders. “One can move one…

    • 1123 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    The first section of the summary talks the growth of the prison systems. The mass incarceration has grown and does not help the inmate to function as a normal citizen who goes back into society. Rehabilitation is not required for them but, it is offer and is not a required to help with daily task as education, skills or a job. Most of the inmates and even some need housing and public assistance that is not given to them. Inmates are restricted to work in normal setting due to criminal records or are forbidden because they have records.…

    • 259 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    The prison system is just as corrupt as the prisoners inside them. We live in a world where it is deemed acceptable to punish a criminal by taking away their humanity, and only release them when they find it themselves. It is apparent that the methods of handling prisoners and their sentences is costly and not effective. The recidivism rate in the United States prison and detention facilities are incredibly high, much higher than their Scandinavian counterpart. Recidivism “refers to a person's relapse into criminal behavior, often after the person receives sanctions or undergoes intervention for a previous crime.” (National Institute of Justice) According to the National Institute of Justice, “within three years of release, about two-thirds of released prisoners were rearrested; and within five years of release, about three-quarters of released prisoners were rearrested.” (National Institute of Justice) Unfortunately the statistics are only the tip of the iceberg in the severely flawed and failing prison. We must reform the flawed prison system, only than can we correct the criminal way of life.…

    • 294 Words
    • 2 Pages
    Good Essays

Related Topics