Inmates Rights and Special Circumstances Research Paper


Convicted fellows must always try to understand their options, and find ways to make things easier as they stay in the correctional facilities. This is why the inmates need to feel like they have been given fair trials and convictions. This paper features a discussion of some of the issues affecting the lives of inmates, such as applying for appeals and the issuance of a habeas corpus, the rights of special needs inmates, and also the use of supermax housing.

Legal Mechanisms In Which An Inmate Can Challenge His Or Her Confinement

inmates rights
Inmates Rights And Special Circumstances

There are two ways for an inmate to challenge his or her confinement. The first option involves an appeal, and the next one involves filing a habeas corpus petition. Commonly, the appeal usually precedes the habeas corpus petition (Gershowitz, (2014). After conviction, the inmate may appeal by asking a higher court to examine the decision made by the higher court. This is supposed to help determine whether a proper procedure for giving the sentence was followed. Basically, the aim of this appeal is to prove an error on the part of the trial court that led to the inmate not being given fair trial. All criminal defendants, according to the United States Constitution  are entitled to receive due process (Gershowitz, (2014). This means that the defendant must be subjected to fair trial. Although appeals are quite common, the supreme court has never considered it as constitutionally required. However, when it is granted, the higher court may either affirm or reverse the decision made by the lower court. In case of a reversal, the higher court may require the trial court to repeat the process while taking into consideration its feedback.

Habeas corpus is similar to the appellate process in that it also offers the inmate a chance to challenge the conviction decisions offered. However, the difference is that this mode features an indirect method of challenging a legal decision made by the court to convict the inmate . It is also considered a constitutional right, as is stated in Article I, Section 9, Clause 2 of the U.S constitution (Gershowitz, (2014). Only the incarcerated individuals can seek a writ of habeas corpus. This individual can contact the federal court, most commonly the district court, to ask for the issuance of a writ of habeas corpus. If this is issued, the petitioner will appear before the court to have his or her confinement reviewed appropriately. According to the constitution, the right to petition is the only factor that is guaranteed, the court still has the power to decide whether a hearing should be granted (Gershowitz, (2014).

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