Prison Rights

What rights do incarcerated people have in comparison to the general public?

Incarcerated people lose any right to privacy while in prison. They are subjected to searches of their person or cell at any time while in prison. Although because of Due Process rights prison officials can not deprive an inmate of their possessions unless it is contraband. Inmates still have access to the First Amendment but only to an extent. Individuals can not interfere with their status as an inmate or interfere with the objectives of a prison facility or officials while using their First Amendment. Discrimination rights still apply, individuals can not be discriminated against while in prison by officials such as racial segregation, disparate treatment based on ethnicity or religion, or preferences based on age. Incarcerated people are not protected by labor laws like the general public. Although the incarcerated share rights with the general public it is often to a limited extent and have many other rights and protections stripped away while in prison.

What are the Eighth and Thirteenth Amendments? How do they impact incarcerated people?

The Eighth Amendment states that “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” The Thirteenth Amendment states that “neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” The Eighth Amendment impacts the incarcerated in a more positive way. It keeps them protected from harm at the hands of the government and excessive mistreatment. So a guard can not physically harm an inmate or deny them of food as punishment, for example. Although there are many prison practices and policies used today that people question if they violate the Eighth Amendment. The Thirteenth Amendments impacts the incarcerated in a more negative way. It allows prisons to exploit inmates by paying them extremely low wages for labor. Inmates are not granted with the same labor laws that apply to the general public because of the Thirteenth Amendment. 

Do you favor the rights-are-retained or rights-are-lost position? Explain and justify your response. What do you think incarcerated people should have the right to? What shouldn't they have the right to?

I favor the rights-are-retained position for inmates. Although they are physically restricted and separated from society they are still humans like everyone else. Taking away many of their natural rights can also strip away their humanity and make them feel less than a person. This way of thinking will not help incarcerated people learn and become better. I can understand why inmates can not have a right to privacy because it can interfere with the safety of others if they are hiding contraband. I feel inmates should be protected by labor laws so inmates are not being exploited for their work. They are given limited opportunities while incarcerated so of course they would take anything that is given even if the conditions and circumstances are bad. Prisons do take advantage of that. If funding is an issue they could offer other positives or rewards for working.