Do Prisoners Have Rights? | The Odyssey Online
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Politics and Activism

Do Prisoners Have Rights?

An email I wrote to President Obama asking why prisoners don't have their 14th amendment rights upheld.

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Do Prisoners Have Rights?
Samuel H.

Hello Barack Obama,

We know that rights are not absolute because in certain cases because the government has the authority to censor acts that they find vulgar, dehumanizing and/or unpleasant in some way. Even though the artist or a group of people may view the act of censorship as a violation of their first amendment right. Although we are allowed to speak freely, to a point, if we were able to do anything we wanted, the world would turn to chaos. This why there are restrictions on individual rights. The government's job is to balance the general welfare of the people as well as their individual rights. The fact that there a safeguards put in place in order to keep the peace only makes sense. It allows people enough freedom and security to express themselves without violating other people’s. I believe that safeguards are put in place in order to help protect the overall good of the community.

The government suspended the right of habeas corpus which is a big blow to the rights of the American people. This relates to the constitution because in the first article, section 9. Many people would say that this goes against the judicial system was no longer protecting the liberty of the people. The constitution states that “The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.” There hasn’t been any sort of rebellion and or invasion that should force us to strip these rights. Since the majority of people that are in jail are poor and targeted minority groups, they should be allowed to be able to prove their innocence; the right to actually see whether their incarceration is lawful. I would agree that habeas corpus shouldn’t be taken away because everyone should be allowed the right to prove their innocence. The percentage of wrongful people placed into jail due to eye witnesses, racial profiling or rookie mistakes is rather high though it is better than it has been in the past. If people don’t have the right to speak about wrongful accusations, there will be a rebellion in states across the nation.

Prisoners were kept in prisons that lacked power, supplies, and plumbing during the emergency even though they are allowed the rights of humanity. They did forfeit their rights when they committed the crime but, they shouldn’t be subject to possible danger. They have the right to life unless they conduct something drastically hideous. The 14th amendment states that there will be equal protection under the law. If you leave people, yes they are criminals, but if you leave them in a low power jail with minimal supplies and plumbing, you are breaking their 14th amendment right to protection. Most people would say that these rights were taken and stripped because they decided to break the rules of the constitution. This is saying that they think that our rights are privileges which I disagree with heavily. Criminals are human too and if their rights are considered privileges, how long until the average joe’s rights are taken under the same pretense. I think that prisoners 14th amendment right needs to be upheld, no more, no less. I would say that there maybe should be a variance between the levels of a felony.

I think that people have a right to habeas corpus because eyewitness accounts are not always accurate and it causes for people to be wrongfully imprisoned. Also, prisoners should be allowed to have their 14 amendment right upheld. I appreciate you for taking time out of your day to read this.

Sincerely,

Elle Budd

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This article has not been reviewed by Odyssey HQ and solely reflects the ideas and opinions of the creator.
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