Prisoner Rights

Topics: Human rights, United States Constitution, Rights Pages: 9 (5312 words) Published: October 27, 2014

Who is a prisoner?
A prisoner, also known as an inmate, is a person who is deprived of liberty against their will. This can be by confinement, captivity, or by forcible restraint. The term applies particularly to those on trial or serving a prison sentence. Prisoner" is a legal term for a person who is imprisoned.

English Law
In section 1 of the Prison Security Act 1992, the word “prisoner” means any person for the time being in a prison as a result of any requirement imposed by a court or otherwise that he be detained in legal custody. Prisoner" was a legal term for a person prosecuted for felony. It was not applicable to a person prosecuted for misdemeanour. The abolition of the distinction between felony and misdemeanour by section 1 of the Criminal Law Act 1967 has rendered this distinction obsolete. Glanville Williams described as "invidious" the practice of using the term "prisoner" in reference to a person who had not been convicted. Purpose of imprisonment

1. Punishment
Deprivation of freedom or removal from the free society. Sentencers usually consider the legitimate expectation of the public in deciding on a sentence that supports this objective because, unless the public regard this punishment as at least, in some respect, fitting the crime, respect for the law will be diminished. 2. Deterrence

The idea is that convicted offenders will not repeat the crime because the punishment taught him the consequences of offending (specific deterrence). It also serves to caution others against committing similar crime when they see the degree of punishment a convicted person gets (general deterrence). Long sentences or death penalty produce both specific and general deterrence. Light and non-custodial sentences have very little, if any, deterrent effect either to the actual offender or those who may commit such crimes in the future. 3. Protection of the public

This objective focuses on the need of the community for protection from the crimes of convicted persons. This is particularly relevant to societies experiencing abnormally high rates of of violent crimes such as murders, wounding, drug trafficking and gun-related crimes. Jamaica is one such country. Sentencers often take note of the fact that when certain violent offenders and gang members are imprisoned, violent crimes tend to fall drastically in communities they normally impact. Donald 'Zeeks' Phipps, Christopher 'Dudus' Coke, Tesha Miller, Joel Andem, and Christopher 'Dog Paw' Linton are among several convicted offenders whose incarceration have resulted in significant declines in violent crimes across several communities and nationally. 4. Rehabilitation

This is a sentencing objective where the sentencer is convinced that the offender has a need for remediation. Some persons argue that for this sentencing objective to be met, the offender must have led a normal law-abiding life prior to his arrest for crime, has accepted responsibility for his crime, has shown remorse and promise that he will take advantage of opportunities for rehabilitation. 5. No other choice

This is an emerging objective of sentencing where the sentencer, having looked at the criminal records of a habitual offender, especially one who has been offered opportunities for rehabilitation in the past but continues to offend and makes a decision to imprison him because there is nothing else the court can do for him. Rights of Arrested Persons

Arrest has far reaching consequences; the social status and dignity of an individual suspect becomes at stake, even his discharg can not blot out the stigma consequent upon arrest There are financial implications for the arrested person and his family. The public suffers its repercussion as we. Naturally, it needs to be ensured that arrests ae not effected in a frivolous manner and that the rights of arrested persons are fully guaranteed. Towards this effect, The Gr. P. C. laws down safeguards such that the rights of persons enshrined...

Bibliography: Books:
Bakshi, P.M., The Constitution of India, 8th Edition, Universal Law Publishing Co.,Delhi, 2008.
 Jain, M.P., Indian Constitutional Law, 6th Edition, LexisNexis Buttorworths WadhwaNagpur, Gurgaon, 2010.
 Kashyap, Subhash C., Constitutional Law of India, Vol. 1, Universal Law PrivateLimited, New Delhi, 2008.
 Kumar, Narender; Introduction to the Constitutional Law of India, 1st Ed., AllahabadLaw Agency, Allahabad, 2009.
 Majumdar, P.K. & Kataria, R.P, Commentary on the Constitution of India, 10th  Edition, Volume 1, Orient Publishing Company, Allahabad, 2009.
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