The Pros And Cons Of Encouraging Prison Conditions

To begin, cccording to Schmalleger and Smykla (2015), inmates today have five legal mechanisms to challenge the legality of their confinement and associated prison conditions. They are a state habeas corpus action, a federal habeas corpus action after state remedies have been exhausted, a state tort lawsuit, a federal civil rights lawsuit and a petition for injunction relief. I do feel that inmates have a legal right to challenge prison conditions. Prison is their living space and if conditions are unsatisfactory and detrimental to their health then inmates will not be able to be reformed, which is a supposed goal of the correctional system. Inmates have basic civil rights like any hard-working member of society and should be kept in conditions …show more content…
The First Amendment refers to the rights of freedom of speech and expression and freedom of religion. The Fourth Amendment refers to the right to privacy. Inmates have argued that their prison cell is similar to their home so warrantless searches are unconstitutional but it has been mostly decided in courts that privacy rights in prisons are greatly reduced. The Eight Amendment refers to the freedom from cruel and unusual punishment. Prisoners claiming rights have brought cases regarding the lack of medical care given or forced medical care. Also, prison conditions such as overcrowding are another claimed right by inmates. The Fourteenth Amendment refers to due process of law, which ensures individuals get adequate and equal access to materials needed. Inmates can also sue for intentional injuries caused by correctional officers (Schmalleger & Smkyla, 2015). It allowed corrections officials to run prisons without court intervention. The hands-off doctrine existed because courts were reluctant to interfere with activities of the executive branch and because judges realized that they were not experts in