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Prisoner Rights In The United States
All prisoners have the basic rights needed to survive and sustain a reasonable way of life. Most rights are taken away ostensibly so the prison system can maintain order, discipline, and security. Any of the following rights, given to prisoners, can be taken away for that purpose: Prisoner may refer to one of the following: * A person incarcerated in a prison or jail or similar facility. * Prisoner of war, a combatant or non-combatant in wartime, held by a belligerent power * Political prisoner, someone held in prison for their ideology. * A person forcibly detained against his will, such as a victim of kidnapping; such prisoners may be held hostage, or held to ransom, but not necessarily in a prison or similar facility. The right to: * not be punished cruelly or unusually * due processes * administrative appeals * access the parole process (denied to those incarcerated in the Federal System) * practice religion freely * equal protection ( Fourteenth Amendment) * be notified ...
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Rights
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory. Rights are of essential importance in such disciplines as law and ethics, especially theories of justice and deontology. Rights are fundamental to any civilization and the history of social conflicts is often bound up with attempts both to define and to redefine them. According to the ''Stanford Encyclopedia of Philosophy'', "rights structure the form of governments, the content of laws, and the shape of morality as it is currently perceived". Definitional issues One way to get an idea of the multiple understandings and senses of the term is to consider different ways it is used. Many diverse things are claimed as rights: There are likewise diverse possible ways to categorize rights, such as: There has been considerable debate a ...
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Personal Property
property is property that is movable. In common law systems, personal property may also be called chattels or personalty. In civil law systems, personal property is often called movable property or movables—any property that can be moved from one location to another. Personal property can be understood in comparison to real estate, immovable property or real property (such as land and buildings). Movable property on land (larger livestock, for example) was not automatically sold with the land, it was "personal" to the owner and moved with the owner. The word ''cattle'' is the Old Norman variant of Old French ''chatel'', chattel (derived from Latin ''capitalis'', “of the head”), which was once synonymous with general movable personal property. Classifications Personal property may be classified in a variety of ways. Intangible Intangible personal property or "intangibles" refers to personal property that cannot actually be moved, touched or felt, but instead repre ...
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Organ Donation In The United States Prison Population
Organ donation in the United States prison population is the donation of biological tissues or organs from incarcerated individuals to living recipients in need of a transplantation. General prison population As living donors Prisons typically do not allow inmates to donate organs as living donors to anyone but immediate family members. There is no law against prisoner organ donation; however, the transplant community has discouraged use of prisoner's organs since the early 1990s due to concern over prisons' high-risk environment for infectious diseases. Physicians and ethicists also criticize the idea because a prisoner is not able to consent to the procedure in a free and non-coercive environment, especially if they are given inducements to participate. Also, many prisoners would not be eligible donors due to age as a great number of those on death row are in their fifties or older. However, with modern testing advances to more safely rule out infectious disease and by ensur ...
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Prison Rape In The United States
Prison rape commonly refers to the rape of inmates in prison by other inmates or prison staff. In 2001, Human Rights Watch estimated that at least 4.3 million inmates had been raped while incarcerated in the United States. A United States Department of Justice report, ''Sexual Victimization in Prisons and Jails Reported by Inmates'', states that "In 2011–12, an estimated 4.0% of state and federal prison inmates and 3.2% of jail inmates reported experiencing one or more incidents of sexual victimization by another inmate or facility staff in the past 12 months or since admission to the facility, if less than 12 months." However, advocates dispute the accuracy of the numbers, saying they seem to under-report the real numbers of sexual assaults in prison, especially among juveniles. A meta-analysis published in 2004 found a prevalence of 1.91% with a 95% confidence interval between 1.37 and 2.46%. In a survey of 1,788 male inmates in Midwestern prisons by ''Prison Journal'', about ...
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Penal Labor In The United States
Penal labor in the United States is explicitly allowed by the 13th Amendment of the U.S. Constitution: "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." Unconvicted detainees awaiting trial cannot be forced to participate in labor programs in prison as this would violate the Thirteenth Amendment. Penal labor in the United States underwent many transitions throughout the late 19th and early and mid 20th centuries. Periods of national economic strife and security guided much of these transitions. Legislation such as the Hawes-Cooper Act of 1929 placed limitations on the trade of prison-made goods. Federal establishment of the Federal Prison Industries (FPI) in 1934 revitalized the prison labor system following the Great Depression. Increases in prison labor participation began in 1979 with the formation of the Prison Indu ...
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Prisoner Abuse In The United States
In the United States, human rights comprise a series of rights which are legally protected by the Constitution of the United States (particularly the Bill of Rights), state constitutions, treaty and customary international law, legislation enacted by Congress and state legislatures, and state referendums and citizen's initiatives. The Federal Government has, through a ratified constitution, guaranteed unalienable rights to its citizens and (to some degree) non-citizens. These rights have evolved over time through constitutional amendments, legislation, and judicial precedent. Along with the rights themselves, the portion of the population granted these rights has expanded over time. Within the United States, federal courts have jurisdiction over international human rights laws. The United States has generally been given high to fair marks on human rights. For example, the Freedom in the World index (based in the U.S.) lists the United States in the highest category for human ...
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Decarceration In The United States
Decarceration in the United States involves government policies and community campaigns aimed at reducing the number of people held in custody or custodial supervision. Decarceration, the opposite of incarceration, also entails reducing the rate of imprisonment at the federal, state and municipal level. Home to 5% of the global population but 25% of its prisoners, the U.S. possess the world's highest incarceration rate: 655 inmates for every 100,000 people, enough inmates to equal the populations of Philadelphia or Houston. The COVID-19 pandemic has reinvigorated the discussion surrounding decarceration as the spread of the virus poses a threat to the health of those incarcerated in prisons and detention centers where the ability to properly socially distance is limited. Overview of decarceration efforts Decarceration includes overlapping reformist and abolitionist strategies, from "front door" options such as sentencing reform, decriminalization, diversion and mental health t ...
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Human Rights In The United States
In the United States, human rights comprise a series of rights which are legally protected by the Constitution of the United States (particularly the Bill of Rights), state constitutions, treaty and customary international law, legislation enacted by Congress and state legislatures, and state referendums and citizen's initiatives. The Federal Government has, through a ratified constitution, guaranteed unalienable rights to its citizens and (to some degree) non-citizens. These rights have evolved over time through constitutional amendments, legislation, and judicial precedent. Along with the rights themselves, the portion of the population granted these rights has expanded over time. Within the United States, federal courts have jurisdiction over international human rights laws. The United States has generally been given high to fair marks on human rights. For example, the Freedom in the World index lists the United States in the highest category for human freedom in civil and ...
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United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ...
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Lawyer
A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solicitor, legal executive, or public servant — with each role having different functions and privileges. Working as a lawyer generally involves the practical application of abstract legal theories and knowledge to solve specific problems. Some lawyers also work primarily in advancing the interests of the law and legal profession. Terminology Different legal jurisdictions have different requirements in the determination of who is recognized as being a lawyer. As a result, the meaning of the term "lawyer" may vary from place to place. Some jurisdictions have two types of lawyers, barrister and solicitors, while others fuse the two. A barrister (also known as an advocate or counselor in some jurisdictions) is a lawyer who typically specia ...
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Right To Privacy
The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to privacy. On 10 December 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR), originally written to guarantee individual rights of everyone everywhere; while ''right to privacy'' does not appear in the document, many interpret this through Article 12, which states: "No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks." Since the global surveillance disclosures (2013–present), global surveillance disclosures of 2013, initiated by ex-NSA employee Edward Snowden, the right to privacy has been a subject of international debate. Government ag ...
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Contraband
Contraband (from Medieval French ''contrebande'' "smuggling") refers to any item that, relating to its nature, is illegal to be possessed or sold. It is used for goods that by their nature are considered too dangerous or offensive in the eyes of the legislator—termed contraband ''in se''—and forbidden. So-called derivative contraband refers to goods that may normally be owned, but are liable to be seized because they were used in committing an unlawful act and hence begot illegally, e.g. smuggling goods; stolen goods – knowingly participating in their trade is an offense in itself, called fencing. Law of armed conflict In international law, contraband means goods that are ultimately destined for territory under the control of the enemy and may be susceptible for use in armed conflict. Traditionally, contraband is classified into two categories, absolute contraband and conditional contraband. The former category includes arms, munitions, and various materials, such a ...
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