• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Human rights and civil liberties in prisons. Should a prisoner have rights?

Extracts from this document...

Introduction

Human Rights and Civil Liberties Law 112 Assignment Two ~ Table of Cases * Hirst v United Kingdom (No.2)[2004]ECHR 122 * R v Hull Prison Board of Visitors, ex parte St Germain [1979] 1 QB 425 * R v Secretary of State for the Home Department, ex parte leech [1994] QB, [1993] 4 ALL ER 539, CA * Raymond v Honey [1983] 1 AC 1, [1982] 1 ALL ER 756, HL Table of Statutes * Human Rights Act 1998 Elizabeth II HMSO * The Representation of the People Act 2000 Elizabeth II HMSO section 3 Should a prisoner have rights? Well to answer this question we must first identify what a right is. A right can be defined as a power or privilege to which one is justly entitled or it can be described as something that is due to a person by law, tradition or nature1. In addition to this human rights are described as those rights that are regarded as fundamental or basic to an individual2. The next step to answering this question is to identify what human rights are guaranteed to every member of society. To do this we must look to the European Convention on Human Rights as well as the Human Rights Act 19983. The European Convention on Human Rights was drafted due to the violence of the Second World War in order to remind member states of the heritage of political traditions and ideals, but most importantly to enforce certain rights stated in the Universal Declaration of Human Rights 19484. ...read more.

Middle

Now it has been established which rights prisoners retain and which they lose, the next question to answer is whether or not prisoners should retain these absolute rights, have all rights limited or lose their rights altogether. Many people may ask why prisoners should have any rights at all, many even believe they already have too many26. There are also people who, yes, believe prisoners deserve their basic rights but at the same time also believe that these rights should be restricted and limited27. However there are some people who believe that prisoners are susceptible to human rights abuses and require their basic rights in order to protect them28. The first argument against granting prisoners rights is that when someone violates another human beings right, they themselves should forfeit their right to equal and fair treatment and thus lose their basic human rights29. In addition to this is can be said that by granting prisoners rights it will not teach them what they have done wrong and allow them to learn from their mistakes. This would then encourage prisoners not to re-offend as they are not treated fairly. Also when someone has shown little regard for the rights of their victim(s), imprisonment is their punishment and they should not be allowed to benefit from luxuries such as televisions or have access to a gym which many law abiding citizens cannot have30. ...read more.

Conclusion

As a final point 'Because of their incarceration, and the lack of public and political sympathy, prisoners can be classified as a 'vulnerable' group, particularly susceptible to human rights abuses. On the other hand, there will be a number of reasons why prisoners should not have rights, or, more feasibly, why their rights should be restricted'55. So should a prisoner have rights? Well to answer this question I have looked at which rights prisoners lose and which they retain upon imprisonment. I have then looked at the arguments both for and against prisoners retaining their rights. There are many arguments on both sides however I personally believe that prisoners should have rights so far as they go in order to assist the convicted prisoner to rehabilitate themselves and to lead a law abiding life upon release. I therefore do not agree that prisoners should be receiving benefits such as opportunities to study for a degree when so many people who have not committed any offence cannot afford to take part in, after all these prisoners have broken the law so why should the law then protect these people? However the European Convention on Human Rights has guaranteed to every human being the 16 basic rights stated in the Human Rights Act 199856 and only removes the right to liberty contained in Article 5 from prisoners. This debate on whether or not a prisoner should forfeit his rights still remains open but only to personal opinion. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree Criminology section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related University Degree Criminology essays

  1. Anthropology and its Uses in Single Body and Mass Fatality Cases

    of a victim is by using the following formulas: Mongoloid: 2.15 x (oblique length of femur) +72.57 Negroid: 2.10 x (oblique length of femur) +72.22 Caucasoid: 2.32 x (oblique length of femur) + 65.53 3.2.2 New Methods The Caucasoid skull can be further divided into Nordic (North European), Alpine (Central European)

  2. The purpose of this essay is to discuss the accuracy of the difference between ...

    It's difficult to judge how much a person's life has changed in result of a tortious action. (Slapper, G Pg. 14) If a contract is broken or not upheld, the wronged party (the claimant) can file a civil action to recover what they have lost due to the contract being broken.

  1. Domestic violence. The following essay will concentrate on patriarchal-terrorism (Gilchrist et al. 2004) meaning ...

    Accordingly, feminist approaches view intimate violence as a tool for ensuring men's domination over women influenced by patriarchal cultural values (Dobash & Dobash 1992; Brownmiller, 1975; Yll´┐Ż 1993). On the other hand, the prevalence of intimate violence between homosexual couples (Cruz & Firestone, 1998; Girshick, 2002)

  2. Is the increased use of electronically monitored home detention (EMHD) as recently confirmed in ...

    However, there is a lack of convincing evidence (Bonta et al., 2001; Bonta, 1999; Sugg et al., 2001; Mortimer, 2001; Padel 2004/05). EM is mainly used in combination with curfew-orders (CO), which demands that the offender remains at a place specified by the court for certain periods of time (Taylor et al., 2005).

  1. As prison populations rise to unprecedented levels, to what extent can it be argued ...

    Perhaps this formed the inspiration for the rehabilitative yet punitive modern-day prison. With this in mind, I turn now to current ideologies of prison. There are many different types of prison, operating at different levels of security (Sparks, 2001, p215).

  2. Imprisonment should only be used as a last resort due to its long-term negative ...

    the intervention programs that should be used to resolve the issues of mass incarceration and the necessity to seclude individuals from society (Hagan and Dinovitzer, 1999). Programs that include restorative justice, that give victims the opportunity to reveal the effects of the crime upon them, getting answers and finding a

  1. Describe the legislation that promotes the protection of children.

    should only be as a measure of last resort and for the shortest possible time ??in the UK Children as young as 10 can be locked up for up to 24 months and be charged with grave offences, before the Act the only grave offence children under the age of 14 could be charged was murder .

  2. Ed Gein: The Butcher of Plainfield. Since being convicted of his crimes, Ed ...

    The inside of his home did not fare much better as soon there were dirty dishes, rotting food, stacks of newspapers, and other trash collecting in the home. Since his mother was no longer around to tell him what to do or how to live his life Ed mainly passed his time with his Pulp Fiction and Horror Comics.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work