Is Due Process for Prisoners Preposterous?

Many of the rights that citizens are afforded are also allotted to prisoners. Some of these rights are basic, and others are not. Although many argue that these rights are extended to human beings rather than law-abiding citizens, it is quite controversial when examining just how strongly prisoners are protected with the rights that others who do not commit crimes more readily deserve.

Due process is and has been one of the most fundamental aspects of liberty in addition to being a key ingredient for a fair and impartial justice system. By definition, due process is the assurance of such reasonable legal procedures. Due process is a simple concept yet exceedingly important. In fact, due process is the only order that is stipulated more than once in the Constitution, in both the fifth and fourteenth amendments (Strauss, 2010).

As it pertains to inmates, due process is still heartily important. Disciplinary action is an aspect of prison life that remains intact, however prudently, to keep order among prisoners and to protect the security of the facility. However, because inmates have the right to due process, they may dispute a disciplinary action as well as exercise their rights to enforce the privileges that are associated with such a right (Seiter, 2008). An inmate, once disciplined for an action, has the right to receive advanced notice of the infringement, the right to prepare a defense in an adequate timeframe, the right to present evidence or call witnesses, the right to have assistance fighting the charge, and the right to have the findings recorded in an itemized and properly documented form (Seiter, 2008, p. 486). This is disturbingly identical to the rights a citizen has at trial before a decision is made about their guilt or innocence. Due process is highly important at this crucial stage because a person is perceived innocent before proven guilty and should have the right to a defense before freedom, our most prized and protected asset in the United States, is taken away from them. Yet for a person convicted of a crime and punished by law to have the ability to manipulate and abuse this precious right is quite a distraction from the intent of this constitutional right.

Although inmates must have some rights so that they are not treated inhumanely, it seems that inmates have the right to fair treatment rather than the right to not be maliciously exploited. It is significant to examine this idea closely, as these inmates have committed crimes that have causes immense damage to society and individuals. Most prisoners will and do take advantage of each right they are allotted, especially due process. They will execute an abundance of grievances against the prison system, both to rebel against the repressiveness of being incarcerated and to simply pass the time in an otherwise boring life. Therefore, I would not object to such rights being reserved for citizens who do not commit crimes.

A simpler system should be enforced in the prisons to eradicate cruel and unusual punishment, which by itself seems the only fair right to give a prisoner. In fact, all of the resources and dispensation prearranged for prisoners such as the ability to devise a defense against a disciplinary action should be instead given to the staff of the prison when giving such an infraction. If there is not enough evidence to support the findings, perhaps the prison can investigate the charge. Otherwise, the prisoner will just have to deal with the disciplinary action given. After all, how many times are children allowed to dispute a reprimand given by parents? How would this help in the learning process of right and wrong and baring the consequences? Let the inmates fuss about a reprimand like children, but hand it down as given. This will aid in the goal of rehabilitating prisoners from reckless persons unaffected by the repercussions of their choices to viable, accountable citizens. Moreover, as an added and most pertinent bonus, this will also keep the integrity of the power of the prison staff intact and reiterate the sobering and realistic position of the prisoners within the corrections system; incarcerated dangers to society who have been justly stripped of their freedom and must learn from their deeds.

References

Seiter, R. (2008). Corrections: an introduction (second edition). Upper Saddle River, NJ:
Pearson/Prentice Hall.

Strauss, P. (2010). Due process. Legal Information Institute, Retrieved from
http://topics.law.cornell.edu/wex/due_process.