Assignment 4 Inmates Rights and Special Circumstances
Most people do not know that prisoners have privileges and with the most appropriate lawful strategies they can challenge their imprisonment (Hanser, 2012). This trend can lead to the rise of expenses based on the challenges which can be incurred by the federal even state administrations. There are several primary problems of management that might arise but each issue can be managed effectively by a number of proposals. There are five distinct strategies that prisoners can utilize in challenging their imprisonment within the correctional facilities. The first strategy that they can utilize in challenging the lawfulness of the imprisonment is the filing of a habeas Corpus Action (Hanser, 2012). This can be utilized in creating a lawsuit within the state to oppose the jail condition that demonstrates that their imprisonment is not legal since it violates some of their privileges.
The second strategy is using the Federal Habeas Corpus strategy after the state-based principles have been finalized. After filling the lawsuit the prisoner is required to argue and demonstrate that they are being detained unlawfully since they have been convicted inappropriately which disrupts their federal privileges and based on the constitution (Hanser, 2012). In addition, they are supposed to demonstrate the damages that have thus occurred based on the affirmed defilement that has a significant effect on the ruling. Once they are able to ascertain that their federal privileges were violated and that it is the defilement that damaged their trials they will have proven that the deserve Habeas Relief (Rhodes, 2004). The third option is the use of a civil tort legality where the prisoner as the one affected must demonstrate that their perpetrator defiled the duty to guard them and the disruption resulted in damages (Rhodes, 2004). Inmates are bound to experience a tough period in challenging the federal prisons if they do not have clear and well-illustrated violations that might have altered their trials. Also after the remedies have been accomplished in this state then the inmate can file a Civil Rights Lawsuit that is within the federal setting to oppose the conditions of the prisons (Rhodes, 2004). This is to assert that certain writes that they are entitled to be not provided. In addition, an injunction can also be utilized that seeks to acquire release from the prisons. If the inmate is sacksful in proving that the confinement was not lawful then it means that they shall be compensated for the acquired loss and defilement (Rhodes, 2004).
There are a number of management based issues that are bound to come up in regard to inmates with special needs (Sun, 2013). This might include consistent monitoring based on the general risks of harm such as suicide, funds scarcity to provide the needed medical support, violence and disruption and being targeted by others based on their vulnerability to abuse (Sun, 2013). Inmates normally necessitate customized treatment particularly those with special needs ranging from mental, age, drug addiction and chronic illnesses (Sun, 2013). If they are not provided with proper care then it means that their privileges have been disrupted and the management might be liable for any harm that they might face. It is recommended that in regard to the issue of violence and disruption would to ensure that the inmates are engaged in treatment programs that offer therapeutic care and so on. This might help in offering counseling that mainly tends to reconstruct their psychological wellness which will, in turn, result in transformation (Sun, 2013).
These programs are essential since they focus on training prisoners on ways of coping with anger matters as well as how they should generally relate with others in general (Sun, 2013). Monitoring on the other hand help in ensuring that the safety of the prisoners is preserved which might also necessitate the application of training that seeks to create transformation. In that those that are responsible have to focus on identifying any presence of probable symptoms and signs that the inmates are experiencing difficulties and that they are in need of assistance (Sun, 2013). Besides ensuring that all the vulnerable parties are isolated physically officers should keep on frequent visits to try and talk to them and inquire if there is anything that they might be needing. An additional recommendation is to offer substantial training to the staffs to ensure that they relate well with the prisoners and addresses their needs in accordance. Those that harasses the special needs prisoners should be subjected to harsh penalties to discourage such acts (Rhodes, 2004).
In my opinion, the utilization of Supermax housing in the correctional facilities does not in any form disrupt the privileges of prisoners that guards them against unusual or inhuman penalties based on the American constitution. In that, the facilities are built in order to create wellness for the inmates most of them utilize intimidation and torture to ensure that the prisoners comply but without disrupting their wellness (Elliott & Thomas, 2017). Also, the isolation is not defilement since they are denied the right to associating with others based on the possible negative outcomes. It is for the wellness of every member (Hanser, 2012).
References
Elliott, M. C., Thomas, R., & Oxford University Press. (2017). Public law. Oxford: Oxford University Press.
Hanser, R. D. (2012). Introduction to corrections. London: SAGE.
Rhodes, L. A. (2004). Total confinement: Madness and reason in the maximum security prison. Berkeley, Calif: University of California Press.
Sun, K. (2013). Correctional counseling: A cognitive growth perspective. Burlington, MA: Jones & Bartlett Learning.
