30 Sep Do You Happen To Know Your Rights?
Incarcerated individuals should not be dehumanized, irrespective of their offenses or remaining sentence duration. Inmates should be regarded as fellow human beings, entitled to basic human rights guaranteed by the U.S. Constitution. Whether you are in legal trouble or have a loved one incarcerated, understanding these rights is crucial.
These are rights protected by the U.S. Constitution that you should be aware of.
- The right to humane facilities and conditions – While awaiting trial, an inmate must be housed in proper facilities and cannot be treated as guilty.
- The right to be free from sexual crimes – A prisoner cannot become the victim of sexual crimes or sexual harassment. This is protected by the Prison Rape Elimination Act. This act was established to “provide for the analysis of the incidence and effects of prison rape in Federal, State, and local institutions and to provide information, resources, recommendations, and funding to protect individuals from prison rape.” (Prison Rape Elimination Act, 2003). The act was also responsible for developing standards for the elimination of prison rape.
- The right to be free from racial segregation – There shall be no racial segregation in prisons.
- The right to express condition complaints – An inmate has the right to express their concerns about the conditions of the prison to the courts.
- The right to assert their rights under the Americans with Disabilities Act – Any inmate who has a disability is entitled to their rights as outlined in the Americans with Disabilities Act.
- The right to medical care and attention as needed – An inmate is entitled to medical care for long-term and short-term ailments.
- The right to appropriate mental health care – An inmate is entitled to mental health care.
- The right to a hearing if they are to be moved to a mental health facility – If an inmate is to be moved to a mental health facility, they are entitled to a hearing.
In the event that a loved one is about to be incarcerated for any duration, it is crucial to ensure that they are informed about their inmate rights prior to entering confinement. We strongly advocate for the preservation of these rights as outlined in the U.S. Constitution, as we firmly believe that everyone should be granted these protections, regardless of the circumstances.