...Prison Overcrowding in the US Name: Institutional Affiliation: Prison Overcrowding in the US Introduction Prison overcrowding in the US is a serious problem that has remained elusive for many decades. The problem of prison overcrowding emerged since the invention of prison as correctional facilities in the 19th century and until now; it is still troubling the authorities. Overcrowding in modern prisons is multidimensional problem. Various reasons are blamed for the challenge but they significantly differ from one nation to the other. Causes of prison overcrowding are not limited to the bounds of criminal justice but stretch to other facets of authorities including social welfare plans, availability and ease of access to health services, formal education and job opportunities. Debates on how to handle this issue on political platforms is an enough illustration of the problems political leaders undergo in looking for a lasting solution challenged by increased pressure from court orders and rigorous financial crisis. It is therefore evident that it is much easier to have overcrowded prisons than it is to develop and implement effective and efficient ways to manage overcrowding in prisons. Overcrowding in prisons is a broad problem that is centered on issues of policies and crime research. These issues involve criminal sentencing, the role of correctional facilities and sentences, accommodation of prisoners with access to health care and rehabilitation services and causes of crimes...
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...writ of habeas corpus directs a person, usually a prison warden, to produce the prisoner and justify the prisoner's detention. If the prisoner argues successfully that the incarceration is in violation of a constitutional right, the court may order the prisoner's release. Habeas corpus relief also may be used to obtain custody of a child or to gain the release of a detained person who is insane, is a drug addict, or has an infectious disease. Usually, however, it is a response to imprisonment by the criminal justice system. A writ of habeas corpus is authorized by statute in federal courts and in all state courts. An inmate in state or federal prison asks for the writ by filing a petition with the court that sentenced him or her. In most states, and in federal courts, the inmate is given the opportunity to present a short oral argument in a hearing before the court. He or she also may receive an evidentiary hearing to establish evidence for the petition. The habeas corpus concept was first expressed in the Magna Charta, a constitutional document forced on King John by English landowners at Runnymede on June 15, 1215. Among the liberties declared in the Magna Charta was that "No free man shall be seized, or imprisoned, or disseised, or outlawed, or exiled, or injured in any way, nor will we enter on him or send against him except by the lawful judgment of his peers, or by the law of the land." This principle evolved to mean that no person should be deprived of freedom without...
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...Pathos Essay – The Abolishment of Capital Punishment Desmond Tutu, a South African activist, once famously said, "To take a life when a life has been lost is revenge, not justice." I cannot emphasize enough how much I concur with his statement, and how much I feel against the death sentence. After all, it clearly sends out the wrong message: Why kill people who kill people to show that killing is wrong1? The use of capital punishment, frequently known as the death penalty, has extended to the beginning of recorded history. Used by nearly all societies, it has served as a punishment for the most heinous of crimes; ranging from murder to rape, from treason to espionage and even corruption2(Yes, in China!). Through the years, capital punishment has evolved and there were extensive movements towards a less painful and more humane execution. However, can the use of capital punishment ever be justified? There is no doubt it has served its duty of crime deterrence(partly), but I deeply believe that it is time we walk out of the dark history of mankind and into civilisation. As a Singaporean, I am ashamed to say that capital punishment is still legal in my country. Just last year, four people were sentenced to the gallows; two for murder and the other two for drugtrafficking. Despite pressing calls from the public to abolish the death penalty, the government has repeatedly reiterated its position, saying that ‘it is only reserved for very serious crimes3.’ Until the time when capital...
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...and an analysis of structural, political and social factors which play their part in maintaining discrimination against this group and how they are discriminated against. Issues which affect adults in prison and how these affect the individual, community, society and government policy with examples of issues that have changed and how advocacy has been used to create change. The introduction of policies that have arisen as a result of identified issues and how they relate to Human rights will be another focus in this essay. There is a “Standard Minimum Rules for the Treatment of Prisoners” guidelines which are an adaption to the Universal Human Rights charter specifically for those who are incarcerated. An example of this is rule 57 “Imprisonment and other measures, which result in cutting off an offender from the outside world, are afflictive by the very fact of taking from the person the right of self-determination by depriving him/her of his/her liberty. Therefore the prison system shall not, except as incidental to justifiable segregation or the maintenance of discipline, aggravate the suffering inherent in such a situation.” (aic.gov)...
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...to appear in court with the prisoner to help the judge determine whether the prisoner is lawfully in prison or jail or not ( Legal Dictionary). The order is usually obtained in the jurisdiction within which the prisoner is held.A writ of habeas corpus is a challenge to the legality of a prisoner’s detention and does not entail an inquiry into the prisoner’s guilt or innocence. After examining the reasons for confinement, the court that issued the writ may release the prisoner or remand the prisoner into custody. The habeas corpus concept was first expressed in The habeas corpus concept was first expressed in the Magna Charta, a constitutional document forced on King John by English landowners at Runnymede on June 15, 1215. Among the liberties declared in the Magna Charta was that "No free man shall be seized, or imprisoned, or outlawed, or exiled, or injured in any way, nor will we enter on him or send against him except by the lawful judgment of his peers, or by the law of the land." The roots of habeas corpus are found in English common law dating to the fourteenth century and were made a part of England’s statutory law in 1679. American colonial courts issued the writ at common law, and state governments continued to recognize habeas rights following independence. The U.S. Constitution made no clear provision for the writ, providing only that “The Privilege of the Writ of Habeas Corpus...
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...Zebulon introduced parole in the United States in the year 1876. Parole reduced jail overcrowding, as well as offering to rehabilitate prisoners by encouraging them to earn their way out of prison through good behavior. Parole involves the supervision of a criminal after serving all or part of jail term, the convict is allowed to live in the community under supervision, the parole period is dependent on the decisions made by the board of parole, violation of parole will result into re-imprisonment of the convict. A prisoner’s parole is based on many factors including time served, good behavior or recommendations from prison staff or the parole board. Many prisoners may be give early parole for lesser crimes because of prison overcrowding. A prisoner may also be denied for parole if a family of a person who was hurt or killed comes forth with a convincing plea as to why the prisoner should not be released. In North Carolina, the goals for Truth in Sentencing are as follows: • Classify criminal offenses into felony and misdemeanor categories on the basis of their severity; • Recommend structures for use by a sentencing court in determining the most appropriate sentence to be imposed in a criminal case; • Develop a correctional population simulation model; • Recommend a comprehensive community corrections strategy and organizational structure for the State; and, • Study and make additional policy recommendations. A number of states also have adopted varying types of...
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...The Prisoner’s Dilemma compared and contrasted the punishments used by different countries in the world. Most of these countries believe in more cruel punishment, for example, Pakistan has beliefs in using flogging. On the other hand, America’s beliefs are different, we believe in imprisonment. The death penalty in the United States is becoming more unpopular because people believe it is barbaric. Both may have many different cultural beliefs, but we both agree that the victims should be punished for the crimes they have committed. Countries Including, Pakistan, Saudi Arabia, and Iran, use cruel punishments for violators of their laws. Some of their crimes automatically result in the use of stoning or scourging. Most of these punishments...
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...| | | | | | | | |EARLY DAYS IN CUSTODY – RECEPTION IN, FIRST NIGHT IN CUSTODY, AND INDUCTION TO CUSTODY | |This instruction applies to : |Reference : | | | | |Prisons |PSI 74/2011 | |Issue Date |Effective Date |Expiry Date | |21 December 2011 |1 January 2012 |20 December 2015 | |Issued on the authority of |NOMS Agency Board ...
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...preferences for style and format prevail. You will also need to review your own citations and references since WritePoint capability in this area is limited. Thank you for using WritePoint. Should the United States allow capital punishment or should they do away with it? Many people think the United States should do away and many think they should maintain capital punishment. I am one who opposes capital punishment. Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as the punishment for an offense (Kronenwetter, 2011, P. 202). The United States as a county rank fourth in the number of executions every year. According to the Bible the Sixth Commandment “Thou shall not kill.” I believe this with all my heart. So I believe capital punishment is killing a person, therefore disobeying my God’s word. Not all the states in the United States allow capital punishments. There are many states that oppose it and many that support it. Capital punishment is different in every state though, the government determined whether capital punishment is allowed in their state. The government also decides what crimes would result in capital punishment methods. There are many capital punishment methods in the United States today compared to the past. The first method is the electric chair that is an option in Alabama, Tennessee, Virginia, South Carolina, Florida and Kentucky in the USA. When using the electric chair the procedure...
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...The Purpose and History of Penitentiaries Vanessa Waller CJA234 March 30, 2014 Professor Jeffrey Newton The Purpose and History of Penitentiaries Development of the penitentiary system came about due to the cruel and unruly way punishment was given to criminal offenders, so more secure ways to house criminals were necessary. Before incarceration became the standard there were various other forms of punishment used in order to curb and deter crime. The Code of Hammurabi, “an eye for an eye,” was believed to be the first law established for dealing with crimes. This retributive punishment led to centuries of cruel and harsh techniques, many of which were just short of torture, for attaining “justice.” However, in time, these methods would be considered inhumane and inadequate in preventing unlawful acts. Eventually, the Walnut Street Jail was founded and would be the first proper American prison institution, with far less severe methods in dealing with offenders. Two different systems came into creation; the Pennsylvania and Auburn systems. But the key consistent factor in these early systems lied in use and profitability of using inmates for prison labor. In the early eras before prisons were fully established punishment for offenders were unsympathetic and brutal. Sentences of deadly, physical force contributed as the common potency for retaliation. Although fines were occasionally offered, they may have well been obligatory since corporal retribution was the norm....
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...crime (Levin-Waldman, 2012). The Writ of Habeas Corpus explicitly brings up the right to contest one's arrest and imprisonment. It is also a way for the government to force an individual to come before the courts. By permitting an independent judge to analysis the legitimacy of the individual’s confinement and instruct that the detainee be freed if the circumstances are unlawful, habeas corpus functions as a safeguard against unlawful seizure, arrest, and torture. While habeas corpus has been upheld as a fundamental right of the imprisoned, this safeguard has been obstructed throughout our history, making the habeas corpus right, at times, a subject of our desire for refuge during times of emergency. The beginnings of habeas corpus can be traced to the year 1215 in the 39th article of the Magna Carta signed by King John, which says that: "No man may be restrained or confined except by the lawful declaration of his peers or by the decree of the land" (Farrell, 2009). At first, habeas corpus was a resource used to summons an individual before the courts. However, by the turn of the 14th Century, higher courts were using the Writ of Habeas Corpus as a way of examining the surroundings of an individual’s confinement by the lower courts (Farrell, 2009). By the end of the 16th Century, the courts were using habeas corpus as a way to make inquiries into the imprisonments of individuals ordered by the King’s Council. (Duker, 1980) During the course of the 17th Century, Parliament looked...
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...Medellín v. Texas Student: Kais Karowadia Class: Government Dual Credit Teacher: Jonathan Solis The Supreme Court case between Jose Ernesto Medellín and the state of Texas was fought over whether or not international law should play a role in the due process of the law within the United States. The international law in debate was made at the Vienna Convention and was designed for convicted foreigners to be able to notify their embassy immediately. As a part of the United Nations, the United States ratified this article (Article 36 on Consular Relations). During this case, however, the state of Texas did not follow the international law set at Vienna. The plaintiff, Medellín, had raped and killed two teenage girls in Houston in 1993 and confessed for participating in the crime. He was later sentenced to death by Texas courts. While on death row, Medellín sent letters to the Mexican consulate explaining his situation. Mexico saw that the United States had not upheld the agreements from the Vienna Convention and sued the United States in the International Court of Justice. Alongside the dispute between the two nations, Medellín filed for a writ of...
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...penitentiary operated with the belief that silence and labor was the appropriate rehabilitation tactic. “A system of behavior modification was introduced in the Walnut Street Prison, the system of secondary reinforcement so widely used in today's prisons. Each prisoner was given fair pay for his/her labor. The prisoner was debited for the cost of maintenance, and an additional sum was deducted for the prisoner's share of tools. The prisoner was also required to pay the costs of the trial, as well as a fine to the State. If there was a balance against the prisoner at the time of expiration of sentence, the person was retained until it was liquidated.”(Takagi, n.d) Incarceration in the United States is one of the main forms of punishment for the commission of many offenses. The United States has the highest incarceration rate in the world and the highest prison population in the world. When researching the American Correctional System there is a lot of information to cover, such as the types of offenders in the system and the different levels of security. How do the United States correctional system compare to Canada’s correctional system? In the American correctional system there are varying levels of security ranging from minimum security to high security prisons. “Prisons are operated on the basis of care, custody, and control. Prisoners are classified by security level or type of crime as well as by custody level and privileges earned by good behavior, but prisons are only...
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...Habeas Corpus Linda Nance POL 201 – American National Government Instructor: Jamie Way August 12, 2013 Running head: CORPUS 2 Suspension of Habeas Corpus Introduction: According to the United States Constitution, a prisoner has the right to appear in court to find out the reason that they are being detained. If the prisoner feels that they are being detained unlawfully, they can file a petition, with the help of legal counsel, to the court in order to have their case heard. This action is called a Writ of Habeas Corpus. This procedure helps to keep the government from detaining an individual without just cause. The judge will only hear whether or not the prisoner’s rights were infringed upon. If the prisoner’s rights were violated, the judge could ultimately set him free (Starrs, 2007). However, in the case of war time prisoners, if those individuals are not United States citizens, they are may not be given the same civil liberties as an American would be. In the current war on terror, it has been debated whether or not the prisoners who are being detained should be given the same rights to Habeas Corpus as anyone else would. Should these individuals be held for an indefinite amount of time, are they entitled to the same “due process of law” as it states in the 5th amendment of the U.S. Constitution, or will their right of Habeas Corpus be suspended because of the events leading up their arrest? In order to answer these questions, we must first look as some...
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...Prisoners There have been rumors that China has been harvesting organs from prisoners on a massive scale. There hasn't been a total amount of recorded incidents because China doesn't report them all and covers up any evidence after these secret operations have been performed. However, not everyone agrees with China’s communist government retrieving organs from the prisoners. All those that have stood up for these victims, most often than not, meet the same terrible fate as these prisoners so that they can continue their business in the black market. On the other hand, The United States are unsuccessful in finding organs for people who suffer from organ failures and die before an operation can be performed. In the United States, there are more than one hundred and twenty thousand people waiting on a transplant list to receive an organ. A donor can save up to eight lives when giving his organs. The United States could have more organs available if we could allow prisoners to donate. However, we shouldn't force them to give up their organs, we should allow them to...
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