Pros And Cons Of The Prison Litigation Reform

The prisoner’s rights movement is mostly recognized for the events that occurred through the 1960s until the 1980s but it is important to review cases beforehand that led up to the movement itself. In the case of Pervear v. Massachusetts of 1866 a case was fought through the Supreme Court. The court ruled that prisoners should have no constitutional rights, which concluded the Eighth Amendment did not apply to them. The Eighth Amendment states “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (US Const. Amend XIII). During the 1960s during the movement, Jones v. Cunningham debated with the Supreme Court from December until January. When it was then decided inmates could file

Intermediate sanctions is a courts response to the overcrowding prisons in the United States. These sanctions are a step up from probation and a set down from incarceration. With these sanctions, rehabilitation is the primary goal, which is used to reform offenders who return to society.

Tort reform has influence not only on the court and victims, but also on clinicians and medical field. Many health providers and clinicians are in favor of the tort reform (Santiago, 2016). The tort reform make clinicians have no full responsibilities to compensate for the malpractice, and they will not need pay for the cost. However, this is not mean that it is unfair to patients. For big medical treatments, such as surgeries, patients’ families usually need to sign a contract for possible medical risks that might happen. This is also a protection to doctors.

Today I called the Illinois Representative Michael J. Madigan office and received his answering machine. I left him a message asking him to please consider passing bills for sentencing reform legislation, such as the Sentencing Reform and Corrections Act (SRCA), S.2123. I told him that I am a registered voter and it has come to my attention that the federal prison population has skyrocketed dramatically over the past 35 years and most of the people in the prisons are in for minimum drug sentences. I told him that while people are in prison they are losing income, job skills, and are typically unable to attend rehabilitation programs. All of these aspects make it extremely difficult for the people to obtain jobs or get on the right path once

Demographics is a huge difference from men. Women's prisons are generally located farther from friends and family . This making visits from children, other family members and friends very difficult. The particularly for the poor . This is mainly because few states operate more than one institution for women. Since the Male population of man is such at a advantages , there is need for more prisons or jails . This make it's easier for her family and friends to visit.

The Prison-Industrial Complex introduced by Eric Schlosser, is a theory that claims that the prison system is constructed by political pressures, economic requirements, and commercial demands. The prison system has been continuously growing in the last three decades, regardless of the actual need for it. The PIC is specifically harmful to the most vulnerable of people, such as homeless people, mentally ill, etc. The PIC does more harm, than good, therefore, it is a poor system all-around.

Those who find themselves sentenced to time in a penitentiary, jail, or prison are at risk of either being broken or strengthened by the time they spend behind bars. There is a great debate of whether or not the prison system in the United States is positive or negative. The following will briefly highlight the positives, negatives, and possible alternatives for our nation's prison system.

In September 1976, during the course of ten days, the respondent, Strickland, planned and committed three groups of crimes, including three brutal stabbing murders, torture, kidnapping, severe assaults, attempted murders, attempted extortion, and theft. His two accomplices were arrested, and the respondent surrendered to police. He provided a voluntary statement and confessed to the third murder. He was indicted by the State of Florida for kidnapping and murder and was appointed an experienced criminal attorney to represent him.

In the United States of America, there are many systems throughout the government. There is the Department of Health, Department of education, and many more to be listed. One system that often causes controversy is the Department of Correction, this department always raises the question; does our jail/correction system work? The correctional system has flaws and gives some result, however, there are more cases than not that prove the correctional system needs a great deal of improvement. Due to the living conditions and the activity inside of the United States prisons the prison system is looked at as dysfunctional. However, the United States has one of the best rehabilitation techniques and facilities in the world. Rehabilitation is the aspect of the United States correctional system that keeps it from being completely looked down on.

developed—the first institution in which men were both “confined and set to labor in order to learn the habits of industry” (LeBaron, 2012, p.331). Although prisons had been designed to enforce and promote punishment, retribution and deterrence, they have also fallen into the conceptual belief that they were in many instances, nothing more than a sweat shop for the socially-undesired. At this point in history, there was very little reform and an immense lack of regulation for prisons or for the proper way they should be ran.

Today our justice system has a multitude of options when dealing with those who are convicted of offenses. However, many argue that retributive justice is the only real justice there is. This is mainly because its advantage is that it gives criminals the appropriate punishment that they deserve. The goals of this approach are clear and direct. In his book The Little Book of Restorative Justice, Zehr Howard (2002), illustrates that the central focus of retributive justice is offenders getting what they deserve (p. 30). This reflection paper will first address the advantages of using retributive justice approach in three court-cases. Second, it will discuss the disadvantages of using retributive justice approaches by analyzing the three court-cases listed above. Third, it will elaborate on ways that the system could have used restorative justice processes in the cases, as well as present potential outcomes that could have been reached if restoration justice was taken into consideration.

Prison Litigation Reform Act (“PLRA”) generally requires a prisoner Plaintiff to exhaust administrative remedies before filing suit in federal court. Title 42 U.S.C. § 1997e(a) provides that “[n]o action shall be brought with respect to prison conditions under § 1983 of this title, or any other Federal law by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted.” See also Moore v. Bennette, 517 F.3d 717, 725 (4th Cir. 2008). The Supreme Court has interpreted the language of this provision broadly, holding that the phrase “prison conditions” encompasses “all inmate suits about prison life, whether they involve general circumstances or particular episodes, and

California overcrowding prisons conditions has gain National attention. The U.S. Supreme court has found that California is in violation of the 8th Amendment. California has been required to reduce their prison inmates by 40,000 inmates. California has utilized many options to reduce the inmate population within the prison system. California has to two years to reduce the inmates count in the prison system.

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. The government treats prisoners as if they are nothing in this world. The U.S prison system needs to be reformed by building new and better prisons and making it more humane and fair.

Transcendentalists were Americans that believed everyone should be treated equally, so they began six major reform movements. There were many Transcendentalist movements, but the six most important reforms were the prison movement, women’s rights, anti-slavery, temperance, insane and education movement.