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Criminal Justice: The Rights of Prisoners

Prisoners in U.S. places of detention are supposed to be protected by law against abuses; under U.S. law, the Bill of Rights' Eighth Amendment prohibits "cruel and unusual punishment" and in the First Amendment it states that "...Congress shall make no law...abridging..." the rights of citizens "to petition the government for a redress of grievances." Prisoners who have citizenship in the U.S. are citizens; albeit they have been convicted of crimes, they are nonetheless citizens.

And under the U.S. Civil Rights of Institutionalized Persons Act (CRIPA), the unfair and inhumane treatment of prisoners is banned. Also, whether in the U.S. or in territories where the U.S. is engaged in military action, there are international treaties governing the conduct of prison authorities - which the U.S. Congress has ratified - such as the International Covenant on Civil and Political Rights (ICCPR), and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Also, the United Nations Standard Minimum Rules for the Treatment of Prisoners, and other UN treaties, have been ratified by the U.S. Congress, and are supposed to be adhered to.

In fact, the United Nations Human Rights Committee's stat


Although those above-mentioned stereotyped image was not really accurate, judges and bureaucrats with control over prisons cracked down, taking away, in many cases, college programs in prisons, building "so-called supermax units," taking away work-out equipment, even "reinstituting chain gangs in several states," HRW explains.

These acts would appear to be in direct violation of the GC that have been quoted in this paper, albeit, it has been the Bush Administration's position that the GC are "quaint" and do not apply to the "war on terrorism."

Alexander said that "accepted correctional practice allows male officers to work in housing quarters that provide views of women showering, undressing and even using the toilet." There also are circumstances in which "male guards even strip search confined women," many of whom have been sexually abused prior to being incarcerated - all of which leads to "unnecessary trauma and pain," she continued.

In other words, Geneva Conventions were being ignored aside by the U.S., because its provisions against inhumane treatment of prisoners were "quaint." In Article 99 of Geneva Conventions it states: "No moral or physical coercion may be exerted on a prisoner of war in order to induce him to admit himself guilty of the act of which he is accused."

In other words, it would be very difficult for an attorney of an inmate who was beaten nearly to death in a prison disturbance that the guard had a "subjective intent" to hurt that prisoner. Indeed, the prisoner's pain must "violate contemporary standards of decency," and the person responsible for the injury must be proved to have acted "with a sufficiently culpable state of mind" in the process of causing the injuries.

According to "internal government memos" obtained by Newsweek, Gonzales wrote, "this new paradigm renders obsolete Geneva's strict limitations on questioning of enemy prisoners and renders quaint some of its provisions."

The judges did not agree that Guantanamo prisoners had the same Constitutional rights to due process as citizens of the U.S. who are accused of wrongdoing, but they rebutted Katsas's insistence that none of the prisoners "has a right to challenge his detention in U.S. courts."



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Approximate Pages = 20 (250 words per page double spaced)


  

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