Prior to beginning work on this assignment, please review the assigned material in your Stojkovic and Lovell (2013) textbook. Additionally, please read the article
Toward a More Constitutional Approach to Solitary Confinement: The Case for Reform
. As you recall, Week 1 had you prepare an outline to provide a foundation for this week’s assignment. For this assignment, you will develop your outline into a two-to-three-page paper. The goal is to consider constitutional rights of incarcerated persons and administrative objectives for correctional institutions. Additionally, this paper will also have you consider diversity awareness and cultural sensitivity issues in corrections. You will support your work with two scholarly and/or credible resources, in addition to your textbook. You may use scholarly and/or credible resources included in your Week 1 Issues and Constitutional Rights in Corrections assignment. Address each of the elements below:
- Constitutional rights and administrationExplain how constitutional rights of incarcerated persons are balanced with the correctional system functions of the jail or prison.Explain the mandatory rights that prison administrators must provide incarcerated persons, and how those rights are balanced with the security, safety, court requirements, visits, and other functions of the facility.Examine a U.S. Supreme Court case (you may use your selected case from your Week 1 Issues and Constitutional Rights in Corrections assignment) that balances correctional administrative goals with the constitutional rights of incarcerated persons.
- Diversity and cultural sensitivity issuesExplain at least one cultural sensitivity issue and at least one diversity issue in corrections (you may use the cultural sensitivity issue and diversity issue from your Week 1 Issues and Constitutional Rights in Corrections assignment).Analyze perspectives on each issue within the context of constitutional rights and administrative functions in corrections.
*Note: You are encouraged to integrate any feedback from your instructor and upload the assignment to your
ePortfolio
.
The Constitutional Rights and Administrative Goals paper
- Must be two to three double-spaced pages in length (not including title and references pages) and formatted according to APA style as outlined in the Ashford Writing Center’s APA StyleLinks to an external site.
- Must include a separate title page with the following:Title of paperStudent’s nameCourse name and numberInstructor’s nameDate submitted
Running head: CONSTITUTIONAL RIGHTS
Issues and Constitutional Rights in Corrections
CONSTITUTIONAL RIGHTS
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Response one
Taylor v. Barkes, 575 U.S. ___ (2015)
The issues that are involved here are a violation of probation by Barker who is taken to
the hospital. A suicide screening is conducted, and he is found guilty of the offense (Justia
Supreme Court, 2015). However, the nurse indicates that he is mentally ill, but instead of taking
him to a referral hospital, the police decide to take him into custody. He is arrested for the
violation of his right to life as he chose to attempt to kill himself. The issue is whether barker
should be released or not. The court decided to grant him freedom since he was deemed as
having mental issue, as such he did not violate any constitutional rights.
Response two
Issues in the Taylor v. Barkes, 575 U.S. ___ (2015)
The Justice Supreme Court made the court ruling. It involved Barker who tried to kill
himself according to the information given by the nurse. Barker was taken to court for violating
the right to life (Justia Supreme Court, 2015). However, the petition by Taylor and Williams was
granted but reserved as there was no evidence that Barker violated the law. This helped Barker as
he was released. There was a balance between the constitutional rights and the rights of the
incarcerated person. Being that he has mentally health issues, the court understood him, and the
case was ruled on his favor.
CONSTITUTIONAL RIGHTS
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Response three
Cultural sensitivity issues
In correction, the police can use the reintegration method where the offenders are forced
to accept some of the rights and moral standards of society. This will help them to change from
negative to positive behaviors (Foucault, 1977). The beliefs vary from one culture to the next,
and the offender will be forced to have a belief from the culture he/she is from. Diversity issue
correction is involving the prisoners in some technical activities to help them acquire skills that
will make assist them in choosing responsible choices in the future. This makes them diverse as
they will focus on applying their skills in earning a living after incarceration.
References
CONSTITUTIONAL RIGHTS
Foucault, M. (1977). Discipline and punish: The birth of the prison. Trans. Alan Sheridan. New
York: Vintage, 995.
Justia supreme court. (2015). Taylor v. Barkes, 575 U.S. ___ (2015). Justia US Supreme Court.
Retrieved from https://supreme.justia.com/cases/federal/us/575/14-939/
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