If you or anyone you know gets arrested, it is essential to know the inmate rights! No law can interfere with fundamental human rights, regardless of a person getting arrested or not arrested. No one likes to see their dear ones in jail. They inevitably get in touch with a bail bond company for posting bail. Hence, it is a smart call to seek guidance about inmate rights as well. Some of the essential rights are:
First Amendment Rights
Every inmate has access to First Amendment rights! The right ensures that the persons get secured against any inhuman treatment in jail. Sometimes, a few police in charge are known to treat inmates harshly, without realizing they are guilty or not. There should be some allowance for them to access legal mail.
The anti-discrimination right
No prisoner should face discrimination in jail based on gender, religion, age, race, physical condition, and the like! If any inmate witnesses any discrimination from another one or the police in charge, then the court will order for scrutiny to analyze the matter and take necessary actions against it. To know more about this, you can check out Castle Bail Bonds Dayton.
The right of staying free from harassment
No inmate should harass the other one! Sometimes, innocent inmates have to serve longer jail time because of legal delays and other complications. It frustrates them and makes them intolerant of others. Usually, these ones vent out by harassing other inmates. That aside, some inmates love to bully. The right identifies any such harassment as wrong and takes severe actions against it.
The medical care rights
Prisoners can receive medical care and assistance to some extent. For instance, if they have a stomach ache or a bruise, they are given the medical facility. However, the legal cases vary from one to the other. The treatments ensured are reasonable and are provided after analyzing the inmate condition.
The right to correct mental health care
Inmates must receive quality mental health care. They can file or place a request for emotional injury and psychiatric care. The court will have to assess the condition to provide the best care and healthcare professionals to manage the issue at hand.
The right to get a hearing before getting shifted to the mental health unit
There are times when the court suggests that an inmate should get placed in the psychiatric care unit! The decision might be wrong or apt. Regardless of that, the inmate must receive one hearing. It allows him/her to speak his/her mind, and sometimes, that can alter the decision as well.
The Right to Have Access to The Courts
As per American law, there can be no interference with the right of prisoners to move petitions before courts of law seeking relief. This means that the state or a prison official cannot for any reason refuse to review applications by prisoners and submit them to the federal law court. Additionally, no prisoner can be prohibited from having legal papers or books of law in their cells on the ground that they may act as an inducement for other inmates to create a fire hazard or steal them. If demanded, prisoners have to be provided with law books and writing materials. Additionally, inmates should be permitted to have their legal papers notarized if required. Furthermore, indigent prisoners in their individual capacities do not have to pay even a nominal fee to file legal papers before the court, however, the waiver of filing fees cannot be enjoyed by an association of prisoners.
Prison inmates also have the right to seek legal counsel, which means that the prison authorities must allow prisoners the opportunity and the place for confidential meetings with their lawyers. Prisoners who cannot afford to hire their lawyers are now allowed to seek advice from knowledgeable fellow inmates in the event there is no other alternative for them.
The Right to Communicate and Receive Visitors
Since it is important for the incarcerated individual to keep in touch with society to be able to transit back into the community eventually, the law has long recognized the right of prisoners to communicate and receive visitors. As may be appreciated, this right is subject to certain restrictions. Prisoners have generally no right to enjoy contact with visitors except for legal counsel in some exceptional cases, news reporters because arrangements can always be made to communicate satisfactorily over the phone. However, courts have held that any restrictions imposed on inmates have to be reasonable and to ensure that proper security and good order can be maintained. Inmates are not allowed to indulge in sexual relations with visitors.
The Right to Receive and Send Mail
American prison officials have traditionally clamped down on prisoners receiving mail primarily to prevent inmates from accessing escape plans and instruments, drugs, pornography, weapons, and other contraband. Revocation of mail privileges has also been used to enforce discipline. However, as per court rulings, the prison administration cannot ban publications on vague allegations or impose broad censorship but must offer good reasons to disallow publications because they may be inflammatory, racist, or obscene. Regarding the outgoing mail of prisoners, the courts have held that no censorship can be done unless necessary to preserve the government’s interests in order, security, and rehabilitation and that the prison must establish procedures for censorship, if required that should not be burdensome or arbitrary.
The Right to Complain About the Condition in Prison
Prisoners have the right to voice their complaints regarding the prevailing conditions in the prison to the prison authorities as well as the courts. The courts have already set an example by awarding civil judgments against prison officers for their acts of placing prisoners in solitary confinement after they had complained against the prison conditions.
Till such time, the bail process gets completed and sanctioned inmates have to stay in jail. So, the jail ambiance should not accommodate or encourage vermin infestations. Also, there should be adequate bathrooms as well as zero fire issues. Inmates need to receive good facilities. Know about these rights and more from a bail bondsman today.
