Criminal Justice Today Inmate Treatment


Individual rights advocates tend to protect rights and fundamental freedom of individual in question within the field of criminal justice. On the other hand, public order advocates; stipulates that whenever there is criminal threat to public safety, the public interest should be priority number one.


In the fight against crime, the government has to give strict policies that will enable to cope with the situation. However, this puts the fundamental freedom and rights of those purported to have committed crimes in jeopardy. According to Benda and Pallone (2005), the idea for these tough policies is for the achievement of the public order. It must be clear that implementation of the public order may entail a breach of individual freedom and rights guaranteed by the constitution. These tough measures affect prisoners, and thus the rules are meant punish them for crimes committed. Benda and Pallone (2005) argue that, in prison, the inmates do not enjoy all the fundamental rights and freedom guaranteed by the constitution. The reason behind this is that prisons are institutions established under the constitution to rehabilitate individuals. Prisoners are denied some rights such as the right to association, right free movement. Prisoners are subjected to forced labor among other acts, which are in violation of individual rights and freedom. This is the main reason as to why prisoners and human rights watch are in continuous fight for improvement of the prisoner’s welfare.

Though it is not easy to deal with this problem, at least something can be done to balance individual rights and public order. The public order can be maintained without extreme violation of individual rights and freedom, through collaboration between the state and civil society groups. This collaboration can be through; community policing, police training, witness and victim protection and setting of the external oversight mechanism to oversee the operation of the system. These will ensure that statutes set to oversee the operation of the prisons respects rights and freedom of prisoners will ensure that there is public order in the society (Benda and Pallone, 2005).


In conclusion, in as much as criminals are viewed as unfit to coexist with the public, it is important that the rights accorded to them by the constitution should be granted.

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