Going to prison means
partially relinquishing your civil rights, but the United States constitution is
supposed to ensure prisoner civil rights. These laws are in place to protect
the rights of even the most hardened criminals and inmates who can be
maltreated, punished, or abused by the system.
The United States has
the highest incarceration in the world, with a black person six times more
likely to be incarcerated than a white man. It is also the only democracy in
the world that has no definite body established to monitor prison conditions or
the rights of the prisoner. Whether it is to be treated fairly or protect their
health and safety, prisoners have rights, and it is time you knew them.
One right, every
prisoner should acclimatize themselves is the Eighth Amendment of the
Constitution. The law states, “Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and unusual punishment inflicted”.
It is very apparent
what the law guards against, including imposing harsh or undue punishment on
prisoners regardless of race, background, or offense committed. The clause of
interest here is “Cruel and Unusual Punishment”. While it is impossible to
measure precisely the level of cruelty in punishment, it is even more difficult
determining what or why punishment is unusual. This is another cloak that
shrouds this statement in mystery.
History of Prisoner’s Civil
Rights
Although the Eighth
Amendment protects the right of prisoners, it was added to the constitution
because of the culture of punishment and discrimination happening in the prison
system. Race, class, and the politicizing of the criminal justice system have
led to tremendous financial and human loss. The use of force and maltreatment
on prisoners is the reason for the Eighth Amendment.
However, there is a
unique story to this amendment, the phrase was adopted told of a man named
Oates Titus, and the punishment melted for the crime he committed. His sentence
was to be held in a pillory and flogged for two consecutive days. This was
viewed by many as cruel and unusual, excessive punishment, and not approved by
the people.
The Eighth Amendment
was the same as the 1689 English Bill of Rights. It was not added to the
constitution until 1776 when George Mason included it in the Declaration of
Rights for the Commonwealth of Virginia. This phrase was enacted and adopted in
1791 when the US constitution was reviewed.
Types of Prisoner Right
Violations
Today the 8th
Amendment protects the right of prisoners from been violated in the following
areas:
The right to dispute
their living conditions – this is the most common complaint from prisoners.
Complaint includes living in dilapidated facilities with poor hygiene and
sanitation, which is detrimental to the prisoners’ health. Some conditions also
include crowded prisons, no access to good food and healthcare, or basic
amenities to aid a decent living.
Other violations of
prisoner’s rights are
- Failure to provide safety to a
prisoner making them prone to prison bully, harassment and abuse
- Failure to allow a prisoner to
practice their religion
- Failure to provide nutritious
foods to the prisoners
- Failure to protect a prisoner
from the maltreatment of a prison warden or guard
- Preventing the prisoner from
exercising, making or receiving phone calls
- Maltreating a prisoner based on
color or race
- Failure to protect against
sexual crimes and sexual harassment