Comprehensive Policy Paper Research Example | Topics and Well Written Essays - 1500 words

Comprehensive Policy - Research Paper Example According to 1848 Supreme court ruling, some of the cruel and unusual punishment prohibited by this amendment include beheading, drawing, and burning alive among others. Despite the fact that most of these forms of punishment are no longer being practiced, the scope of protection of the inmates against inhuman treatment remains unchanged. Consequently, any punishment that violates the dignity of an inmate is prohibited by the constitution. Additionally, the pretrial detainees who are unable to afford bail have a constitutional right to be housed facilities that are humane and can not be treated or punished as guilty persons while they are still awaiting trials. On the other hand, the equal protection clause found in the 14th amendment of the constitution has also been used in numerous occasions to defend the rights of inmates. The clause particularly protects inmates against any form of unequal treatment on the basis of creed, race, and sex. This policy paper provided a comprehensive overview of the rights of inmates and the policy recommendations that can be used by correctional officers during the decision making processes in correctional facilities. The basic rights of inmates Despite their imprisonment or confinement, inmates often retain some rights. On of the basic rights of prisoners afforded by the constitution is the right to access fair court representation. Prisoners also retain their fundamental right of bodily integrity; therefore, Correctional officers must always ensure that inmates are not assaulted. For example, in 1962 a court ruling on the case of Robin v. California extended the provisions of the eighth amendment regarding the protection of inmates against cruel and unusual punishment to states (Rudovsky & Bronstein, 2008). Additionally, according to the current constitutional provisions, the only civil rights that inmates may lose are those that are taken away by the necessary implication or expressly by a constitutional act. Apart from pro tection against cruel and unusual punishment provided by the eighth amendment, federal laws also accord inmates a number of freedoms, such as the freedom of religion, speech and the right to equal protection under the federal and state laws with no regard to any discriminatory factors (Smith, 2000). Both the federal and state correctional facilities are only allowed to limit any of the basic rights of the prisoners if it is confirmed necessary for security of the correctional facility, crime prevention, and security as well as to protect the security of the inmate or others. Any limitation of the basic rights of inmates should be proportionate to the objectives that the correctional officers are seeking to achieve. Although the courts often rule in favor of correctional facilities and prison establishments involved in curtailing the civil rights of inmates, such rulings are generally intended to help in the maintenance of order and inmates retain their right to low but basic standar ds of living; they have a legal right to complain if they feel that their rights are being violated. In the Procunier v. Martinez (1974), a number of prisoners challenged the censorship of mails directed to inmates. The court ruled that any restriction on the freedom of speech of inmates should