Correctional Law: Amendments in the US Constitution

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Table of Contents

Privacy
Religion
Law on Voting
Medical Treatment
Transsexual
Telephone Access
Smoking
Marriage
Procreation

Privacy

The First Amendment, Section 1 in the US Constitution which protects person freedom of religion and expression (assembly, speech and request the government to look into their problems) against government intrusion, while in the fourth Amendment, Section 1 in the US Constitution, protects a citizen or his premise from unreasonable searches by the authority without a warrant, the warrant must be issued by the court under an Oath and it should clearly state the place or the person to be searched.

In an incident in which the prisoner was searched by a female officer in the absence of a male officer while in prison, the Fourth Amendment of the prisoner was not violated, because the female officer did not use excessive force against the prisoner, therefore the female office is entitled to immunity.

The prisoner should not have been searched by a female officer because it is humiliating, the law should be changed so that only female officer should search women and their men officers should search only male prisoners.

Religion

The first Amendment Section 1 in the US Constitution protects person freedom of religion (state and religion must be separate entities) and expression from the government intrusion

In an incident in which the civil prisoner whose books were confiscated by the prison waders, his rights were not infringed according to the first Amendment of the Constitution of the United States. The prisoner did not state if his books were given to other prisoners to read after they were confiscated by the guard. With the support of the first Amendment Section 1, the guard was exonerated from any wrongdoing and was entitled to immunity.

The prisoner was right when his books were taken from him, his rights were violated according to the First Amendment because the officer did not state if the books will cause harm to the prisoner and other prisoners that were in a cell together.

Law on Voting

The fourteen Amendment Section 2 of the US Constitution, gives every citizen of America the right to vote except the ones who have been found to participate in a crime or other rebel groups against the government.

In an incident in Tennessee in which convicted felons after he was through with his sentence in jail, he applied for restoration of his voting right as a US citizen. He was denied those rights because under the US Constitution, Person found to have committed a crime is not eligible to vote.

This law on voting should be changed to allow people who have finished their sentences in jail to be allowed to vote. If child support law can be reinstated to people who have finished serving their sentences in jail, then these people should be allowed to vote on that basis.

Medical Treatment

The eight Amendment, Section 2 of the US Constitution which protects every citizen in the US against cruel treatment or Infliction of unusual punishments, also protects a citizen against being imposed excessive fine.

In an incident in which the prisoner was denied treatment as a result of suffering from Hepatitis C also is entitled to be compensated by the authority because the clinical director recommended treatment to the prisoner but the senior warder in charge of the prison ignored this directive and this led to his health being compromised. The court found that his rights as a result of the eight Amendment were violated.

The court was right on that because every person irrespective of a prisoner who has committed first-degree murder and has been convicted on the same should be given proper treatment.

Transsexual

The eight Amendment, Section 2 of the US Constitution which protects every person against cruel treatment or Infliction of unusual punishments, also protects him against being imposed against the excessive fine.

In an incident in Wyoming in which a transsexual prisoner who lived life as a female but had male genitalia, was isolated for 14 months from other prisoners as a result of his life being in danger from other prisoners, while in isolation he was provided with everything that a prisoner needs. The right of this prisoner was not violated According to the eight Amendment Section 2 of the Constitution because he was not mistreated as a result of that.

The court was right on this one, the prison guard was protecting this prisoner from being mistreated by the rest of the prisoners because he was a transsexual.

Telephone Access

The First Amendment, Section 1 in the US Constitution which protects a person’s freedom of expression-assembly, speech and requires the government to look into their problems from the government intrusion.

The monitoring of the prisoner conversations did not violate the First Amendment Section 1 of the Constitution when the federal Authority is required to tap telephone conversations if they knew a person is involved in a criminal act. They will only tap people’s conversations if they have a warrant to do so and should be from the court. This law enables the police to monitor phone calls conversations for security purposes in America.

This law should be changed because every citizen in America has a right to privacy, by tapping people’s telephone conversations you are violating their privacy.

Smoking

In an incident in which a prisoner was housed with another smoking prisoner in the same cell and was exposed to secondhand smoke, due to that he suffered various tobacco-related complications. The eight Amendment of the prisoner was violated. The prisoner deserves some compensation from the authority because some cruel was used against him.

Marriage

When the prisoner informed the authority in prison that he was married in an incident that happened in Pennsylvania correction center, He was not required to follow the directive that came from the court to marry his fiancée because he had not divorced the woman in his first marriage. In US law it is a crime to marry twice or before you get a divorce from the previous marriage.

Procreation

The eight Amendment, Section 2 of the US Constitution which protects every person against cruel treatment or Infliction of unusual punishments, this law also protects a person against being imposed excessive fine.

In an incident in which a detained pregnant woman was suffering from amniotic leakage, which could lead to the death of an unborn child. The authority in charge of the facility was not entitled to immunity because he was informed by the woman of her conditions but the authority that was in charge ignored her genuine medical needs. The woman’s eight amendments were violated as a result of that.