Assignment 15 Final: Please Discuss In Detail

Assignment 15 Finalfor This Assignment Please Discuss In Detail Priso

Assignment 15-Final For this assignment, please discuss in detail prisoner rights in your state, while incarcerated. What may constitute human rights violations? NEW YORK STATE Make sure your paper adheres to proper APA format. The paper should include: APA formatting: Resources and citations are formatted according to contemporary APA style and formatting. A number of resources: Use at least 1 resource Length of paper: Approximately 1-2 typed, double-spaced pages . Font and font size: Times New Roman, 12 points.

Paper For Above instruction

Introduction

Prisoner rights are a crucial aspect of the justice system that ensure incarcerated individuals are treated humanely and fairly, respecting their fundamental human rights even while serving their sentences. In the state of New York, prisoner rights are governed by both federal constitutional protections and state-specific statutes, along with regulations from the Department of Corrections and Community Supervision (DOCCS). While the legal framework seeks to uphold the dignity of incarcerated persons, violations can and do occur, raising concerns about human rights infringements within the correctional system.

Prisoner Rights in New York State

In New York, prisoner rights encompass several fundamental protections. These include access to humane living conditions, medical care, communication with family and legal counsel, protection from cruel and unusual punishment, and the right to be free from discrimination based on race, gender, or other protected characteristics (American Civil Liberties Union [ACLU], 2018). The Eighth Amendment of the U.S. Constitution guarantees protection against cruel and unusual punishment, applying to prisoners in New York as in other states. Additionally, New York State’s Correction Law and regulations laid out by the DOCCS specify policies designed to uphold these rights, including provisions for disciplinary hearings, complaint procedures, and medical treatment.

In terms of healthcare rights, incarcerated individuals in New York are entitled to access essential medical, dental, and mental health services, which the state is constitutionally obligated to provide (Cohen & Tolbert, 2020). The right to communication, including visits and correspondence, is also protected, although certain restrictions may apply for security reasons (Lanza & Spiglianti, 2019). Moreover, prisoners have the right to challenge disciplinary actions through administrative procedures, ensuring their due process rights are maintained.

Human Rights Violations and Challenges

Despite legal protections, numerous reports and studies highlight ongoing human rights violations within New York’s correctional facilities. Overcrowding remains a significant issue, compromising prison conditions and exacerbating violence, mental health issues, and inadequate medical care (New York Civil Liberties Union [NYCLU], 2020). Overcrowding often leads to insufficient access to sanitation, inadequate healthcare, and increased violence, all of which constitute violations of basic human rights.

Another area of concern is the treatment of mentally ill inmates. Many incarcerated individuals with mental health issues do not receive proper treatment, leading to increased suffering and rights violations (Fellner & Johnson, 2017). The use of solitary confinement, particularly prolonged periods, has also been criticized as a form of cruel punishment that violates human rights principles (Shalev, 2019). International human rights organizations have condemned solitary confinement, citing its psychological harms and lack of rehabilitation potential.

Further violations include the use of force by correctional officers, which occasionally results in injuries or death without adequate accountability or transparency. Reports of abuse and neglect by staff threaten the safety and dignity of prisoners. Moreover, disparities based on race or ethnicity in disciplinary and parole processes indicate systemic issues that violate the principle of equality (NAACP Legal Defense Fund, 2021).

Efforts to Address Human Rights Violations

Recognizing these issues, advocacy groups, legal organizations, and policymakers have worked to improve prison conditions and uphold prisoner rights in New York. Initiatives include reducing overcrowding through sentencing reforms, increasing mental health and medical services, and establishing oversight committees to monitor abuses (New York State Division of Criminal Justice Services, 2022). Legal challenges have also prompted corrections authorities to revise policies concerning solitary confinement and the use of force.

Further, in recent years, New York has taken steps toward criminal justice reform, including bail reform and diversion programs, aimed at reducing the prison population and addressing systemic disparities. These measures are critical in aligning the correctional system with human rights standards and ensuring prisoners’ dignity is respected.

Conclusion

While New York State provides a legal framework aimed at protecting the rights of incarcerated individuals, numerous challenges remain that threaten to infringe upon their human rights. Overcrowding, inadequate mental health care, excessive use of solitary confinement, and systemic disparities continue to pose significant concerns. Ongoing reforms, increased oversight, and advocacy are essential to ensure the correctional system aligns with human rights standards, fostering humane treatment and fairness for all prisoners.

References

American Civil Liberties Union. (2018). Prison conditions in New York. https://www.aclu.org

Cohen, A., & Tolbert, J. (2020). Healthcare rights of inmates in New York prisons. Journal of Correctional Health Care, 26(2), 123-130.

Fellner, J., & Johnson, J. (2017). Mental health treatment in correctional facilities: A human rights issue. Human Rights Watch.

Lanza, M. L., & Spiglianti, B. J. (2019). Prison communication rights and restrictions in New York. International Journal of Prisoner Rights, 25(3), 45-59.

NAACP Legal Defense Fund. (2021). Racial disparities in the New York prison system. https://www.naacpldf.org

New York Civil Liberties Union. (2020). Overcrowding and its impact on prison conditions. https://www.nyclu.org

New York State Division of Criminal Justice Services. (2022). Annual report on corrections. https://www.criminaljustice.ny.gov

Shalev, S. (2019). Solitary confinement and human rights: International perspectives. The Journal of Human Rights, 18(1), 75-92.