14th Amendment Agreement For Prisoners In Bronx
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THE AUTHORS IDENTIFY THE FOUR MANIFEST FUNCTIONS OF PRISONS AS REFORMATION, INCAPACITATION, RETRIBUTION, AND DETERRENCE.
The liberty interest is a principle that applies to most due process cases. The Fourteenth Amendment guarantees your right to liberty, along with your right to life and property. In many substantive due process cases, the Court relies on this guarantee to determine whether or not a right is fundamental.
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
The United States of America Constitution, Bill of Rights, Common Law, and statutes are the foundations of prisoners' rights. In addition to these rights, the Writ of habeas corpus ensures that detainees are not abused during their detention period or interrogation period.
Four different goals of corrections are commonly espoused: retribution, deterrence, incapacitation, and rehabilitation.
The Supreme Court's 1984 decision in Hudson v. Palmer eliminates all fourth amendment safeguards against unreasonable searches and seizures in prison inmates' cells, thus becoming another step toward granting almost total discretion to corrections officials.
23 The Court in Bell also acknowl- edged the plausibility of the argument that "a person confined in a detention facility has no reasonable expectation of privacy with re- spect to his room or cell and that therefore the fourth amendment provides no protection for such a person."
Prisoners' rights to read, write, speak, practice their religion, and communicate with the outside world are often curtailed far beyond what is necessary for institutional security.
Prison officials have a legal duty under the Eighth Amendment of the Constitution to refrain from using excessive force and to protect prisoners from assault by other prisoners.
The prison system can curtail some personal rights if they impact the safety and security of the facility. For example, prisoners do not have a right to privacy. The prison can search cells, belongings, and the prisoners for weapons, contraband, and drugs. Privileges are not rights.
