Overcrowding in prisons should not be considered cruel and unusual because they are not being harmfully affected enough for it to violate the legal standard of cruel and unusual punishment. It should not be considered cruel and unusual, because being in prison is a punishment and “Punishment is justice for the unjust.”-Saint Augustine The general Supreme Court definition of cruel and unusual punishment is “Such punishment as would amount to torture or barbarity, any cruel and degrading punishment not known to the Common Law, or any fine, penalty, confinement, or treatment that is so disproportionate to the offense as to shock the moral sense of the community.” Let’s look between the lines of this definition. Torture of Barbarity is inflicting …show more content…
However, do people believe people are mentally damaged when sent to things such as church camps, or have big families? They are usually packed into rooms with multiple people and limited privacy. If parents still send their kids to camp and they return just fine how are the prisoners any different? There is no scientifically proven proof that the reason some of the prisoners are mentally unstable is due to overcrowding. It could be remorse, stress, or even just loneliness. “Expert Frank Porporino summarized some of the literature on prison affects stating ‘the evidence indicates that imprisonment is not generally or uniformly devastating’.” When even experts think that prison overcrowding is not devastating the prisoners that shows a lot. This means that not only is it not cruel and unusual, it isn’t going to change them any more than a smaller populated prison …show more content…
This plan consists of 10 unique and “effective” ways to decrease prison size. The 10 steps are “1. Collect and use data to inform a rational, humane and cost-effective use of prison, 2. Review and reform the criminal justice process as a whole from arrest to release and invest in crime prevention and reduction, 3.Divert minor cases out of the criminal justice system, 4. Improve access to justice and case management during pre-trial detention, 5.Develop and implement constructive non-custodial measures and sentences, 6. Make special arrangements for children and young Offenders, 7. Consider alternative arrangements for parents with dependent children, particularly mothers with Babies, 8. Identify mental illness and drug addiction and divert those affected to appropriate medical, or other care, 9. Reduce sentence lengths and ensure consistent sentencing Practice, and 10. Develop opportunities for parole or other forms of early release and assist prisoners on release to prevent their return to prison.” Some of these steps are already being fulfilled by the court case called “proposition 47”. This proposition “reduces certain drug possession felonies to misdemeanors.” This is allowing certain drug charges to be paid off instead of serving prison
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Though the prisoners are not there for a comfortable and enjoyable stay, ethical rights are being ignored. How can a someone carry out their sentence rightfully if the focus is taken away from them and put on the judgment of the courts and justice system? Prison overcrowding is without a doubt problematic and inhumane. The mandatory sentencing laws, lack of attention on
While it is true that prisoners in these facilities are kept in solitary confinement for long periods of time, and their interactions with the outside world are limited, the conditions in some supermax prisons are not as inhumane as they are sometimes portrayed. Many facilities have implemented programs to mitigate the effects of isolation, such as education and rehabilitation programs, as well as regular interaction with staff members. The question of whether the conditions in supermax prisons constitutes cruel and unusual punishment is a complex one. The Eighth Amendment of the United States Constitution prohibits cruel and unusual punishment, but the interpretation of this clause has evolved over time. In recent years, there has been a growing consensus that prolonged solitary confinement can amount to cruel and unusual punishment, especially when it is used as a punishment in and of itself, rather than as a temporary measure for security
Even if you're sentenced to death, you're probably not going to get executed. That's why it's not a deterrent,”(Horn). People don't even see the death penalty as a punishment so people aren't afraid of commiting crimes. With how dangerous prisons are with overcrowding they are just costing more money for providing the medical attention the inmates need. ” There have been any number of reports about overcrowded and dangerous prisons, and while the Commission presented its conclusions and recommendations to the Senate Judiciary Committee last week, it's not clear what - if anything - will come of that,”(Horn).
First, it has given prisoners severe mental issues and pain that have made sone reach the point of suicide. Second, it violates international charters aiming to preserve human dignity. Third, it increases the recidivism rate among prisoners who completed their sentences. Furthermore, it has locked people in a metal box for at most 22-24 hours a day, as permissible by law in the U.S. (“Solitary Confinement Facts”). To end this injustice, lawmakers in the United States must agree to introduce alternatives to solitary confinement.
Thesis: It is very important for the sake of Americans tax dollars that we change the way that prisons are run and increase the productivity of inmates so when they are released from jail they are ready to be a productive member in society and have the confidence to achieve new goals. Introduction: Day after day, millions of inmates sit in jail doing nothing productive with their lives. We are paying to house inmates that may not even have a good reason to be there. For example, drug offenders are being kept with murderers and other violent offenders.
According to the Eighth Amendment, cruel and unusual punishment is prohibited. For this prohibition to be significant throughout society in which confinement is the essential method of criminal penalty, it is essential to establish when prison conditions are cruel and brutal. While prisoners may have lost their rights to freedom in the light of their crime and conviction, despite everything, they remain to hold the same constitutional rights as free citizens do, with certain exceptions. The special cases include rights that would cause disagreement with the prison facility and system’s ability to safely, adequately, and proficiently run the establishment, those that would risk the wellbeing of the staff, the public and/or others near.
As we look at supermax prisons they are used to house many violent offenders to mainly keep them away from all other prisoners in solitary confinement like cells for a long period of time and most of them will never be released. The main issue that Schmalleger and Smykla describe is the fact of a mental illness starting due to supermax confinement and where none previously existed in the past (2015). The issue with that is it could get them out of a supermax prison, which I believe that is completely ridiculous because they were already crazy enough to commit the crime they did to get in there. The other ways it does effect the person in prison is that it could lead to a bunch of different symptoms and possibly even suicide from being confined
The overcrowding of prisons in California and the rest of America is the result of “manufactured crime”. These are crimes which have no victim yet are considered felonies and follow the three strike law. Many people do not know that there are more incarcerated people in America than any other country on earth. According to the American Civil Liberties Union “America contains 5% of the world 's human population while also containing 25% of the world’s prison population.
Thesis Hypothesis and Statement: Prisons in in the United States of America are definitely overcrowded, they are understaffed and I believe put very little effort on rehabilitation. The U.S. prison system was set up to rehabilitate prisoners so they can blend back into society as good people. But the factors as high crime rate and of course, mandatory sentences have caused a very high over crowding in our jail systems. This have caused a high increase in the budget deficit. Some citizens will say, where was the rehabilitation that we once used and it has all but now disappeared in our prison and jail system today.
According to Portland State University, “Approximately one in 35 U.S. adults are incarcerated, on parole or on probation”. B) According to Penal Reform International, “In most prison systems, prisoners do not have the minimum space requirements recommended by international standards, spending up to 23 hours of the day, if not all day, in overcrowded cells. Overcrowding can be so severe that prisoners sleep in shifts, on top of each other, share beds or tie themselves to window bars so that they can sleep while standing”. Transition to Second Main Point: Now that we have defined what prison overcrowding is, let’s identify common causes.
In Adam Gopnik 's piece “Caging of America,” he discusses one of the United States biggest moral conflicts: prison. Gopniks central thesis states that prison itself is a cruel and unjust punishment. He states that the life of a prisoner is as bad as it gets- they wake up in a cell and only go outside for an hour to exercise. They live out their sentences in a solid and confined box, where their only interaction is with themselves. Gopnik implies that the general populace is hypocritical to the fact that prison is a cruelty in itself.
Over 2 million people are currently being held in United States prisons, and while the U.S. may only hold 5% of the world’s population, it houses 25% of its prisoners. In the past few years, America’s prison system has fallen under public scrutiny for it’s rising incarceration rate and poor statistics. Many Americans have recently taken notice of the country’s disproportionate prisoner ratio, realized it’s the worst on the planet, and called for the immediate reformation of the failing system. The war on drugs and racial profiling are some of the largest concerns, and many people, some ordinary citizens and others important government figures, are attempting to bring change to one of the country 's lowest aspects.
Does it make sense to lock up 2.4 million people on any given day, giving the U.S the highest incarceration rate in the world. More people are going to jail, this implies that people are taken to prison everyday for many facilities and many go for no reason. People go to jail and get treated the worst way as possible. This is a reason why the prison system needs to be changed. Inmates need to be treated better.
According to the Universal Declaration of Human Rights, “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” Being locked up in a small cells is humane because it fuels many issues that is preventable. Criminal did not have to go through problems like mental issues and physical attacks, but the environment they are locked up subjected inmates to these types of problems. Furthermore, the death penalty is very expensive and does no good for taxpayers who pay tax dollars for the criminals to be
Though this may be my folly, it is my way of life and I refuse to go against it. I ask that you turn away from any statements I have made on this particular political issue, due to the fact that I no longer support this method of discipline. However, prisoner overcrowding is a different matter, those of victimless crimes should not carry out long sentences. Of course, they should still be crimes, yet no rights should be taken away, as they have not brought harm or violence to those in comparison of rapists and