24 Aug Throughout the current period of prison history, kno
Throughout the current period of prison history, known as the period of mass incarceration, the United States has been “the world’s leader in incarceration with 2.2 million people currently in the nation’s prisons and jails – a 500% increase over the last forty years” (Sentencing Project, 2018). This dramatic increase in prison populations over such a short period of time, coupled with the fact that prisons have been brought out from isolation and into the public view, has created an influx of nationally recognized concerns.
Review the following short introductions to several of those concerns and select 2 concerns to address in your paper.
- Adequate Medical Attention:
- In Estelle V. Gamble, 429 U.S. 97 (1976), the Supreme Court ruled that all incarcerated persons have a right to receive “adequate” medical attention. The failure of the state to provide such attention constitutes a violation of the Eight Amendment; namely, the cruel and unusual punishment clause. In a short article for Health Law Perspectives, Conway (2009), examines the concept of deliberate indifference as related to Estelle. As well, he discusses the conflicts that many people feel when they, as law abiding, tax paying citizens, cannot afford health insurance or to see a medical provider when needed, yet a convicted felon is given free and frequent access to medical services often times without being charged.
- Administrative Segregation:
- The United States Supreme Court has not banned the use of Administrative Segregation in American prisons or other places of confinement. Rather, in general, the use of such is still at the discretion of each individual state. Many correctional administrators within those states argue that administrative segregation housing is an absolute necessity. It allows agencies to maintain safe prison systems by removing the most violent or incorrigible offenders from the general population. Thus giving those offenders who wish to take advantage of programmatic and rehabilitative services the opportunity to do so. However, recently Supreme Court Justice Kennedy began to question the constitutionality of solitary confinement and administrative segregation. Furthermore, in light of the psychological and behavioral effects often attributed to long term segregated housing, there is a growing social concern over its use as a permanent management tool.
- Excessive Force:
- Correctional officials are often required to use force to prevent serious and imminent harm, as well as to maintain the safety and security of the correctional facility. In Whitley v. Albers, 475 U.S. 312 (1986), the Supreme Court noted that if “force was applied in a good faith effort to maintain or restore discipline,” then it does not constitute an Eight Amendment violation of cruel and unusual punishment. In Hudson v. McMillian, 503 U.S. 1 (1992), however, the Court qualified their response to ensure that the use of excessive force is clearly recognized as unconstitutional.
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