WK1-CRJ303 Issues and Constitutional Rights in Corrections
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University Of Arizona *
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303
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Law
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Jan 9, 2024
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docx
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4
Uploaded by jaz0326
Outline: The Issues and Constitutional Rights in Corrections
xxxxxx
The University of Arizona Global Campus
CRJ 303: Corrections
Professor Abood
December 4, 2023
A.
Thesis: In this paper I will discuss the balance between constitutional rights of incarcerated persons and administrative functions in corrections using the Supreme Court
case of Holt v. Hobbs, how the constitutional rights of incarcerated persons have been addressed by the U.S. Supreme Court and examining how cultural sensitivity and diversity is an issue in corrections. B.
First body paragraph topic sentence: Balance between constitutional rights of incarcerated persons and administrative functions in corrections.
1. Supporting evidence: The court held that
“the Arkansas Department of Corrections policy on beards violates the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). The Court held that, while providing substantial protection of religious exercise, RLUIPA allows prison officials to test the sincerity of religious beliefs to prevent these from being used for illicit conduct” (Holt v. Hobbs, 574 U.S. 352 (2015). 2. Analysis:
In this case, we take a look at how Hobbs first amendment rights were violated for not allowing him to grow a beard in prison for religious reasons. He was a Muslim and his religion was to have a beard. The correction facility had a policy that prisoners were only allowed to grow a beard for skin conditions. C.
Second body paragraph topic sentence:
How the constitutional rights of incarcerated persons have been addressed by the U.S. Supreme Court. 1. Supporting evidence: The
Religious Land Use Institutionalized Persons Act “protects individuals, houses of worship, and other religious institutions from discrimination in zoning and landmarking laws” (“Civil Rights Division U.S. Department of Justice”, 2023, p.1).
2. Analysis: In Holt v. Hobbs, the prison officials indicated that allowing Hobbs to grow a beard in prison could raise concerns because he could hide contraband in it. However, the court also held that “prison officials did not satisfy that burden in this case because other steps could be taken to ensure quick identification and an inability to hide contraband” (Holt v. Hobbs, 574 U.S. 352 (2015). D.
Third body paragraph topic sentence:
How cultural sensitivity and diversity is an issue in corrections.
1. Supporting evidence: “Incarcerated individuals frequently file suit over food, grooming, clothing, worship services, access to devotional items, and much more, claiming that restrictive prison policies violate their ability to exercise religion freely. Judges and
lawmakers have decided, based on values enshrined in the First Amendment’s Free Exercise Clause, that prisoners are entitled to heightened protections for their religious exercise and that prison officials should be made to answer for unjustifiably burdening prisoners’ religious exercise” (Mohammadi, 2020, p.4).
2. Analysis: Racial profiling, discrimination, religious beliefs, and sexual orientation can be an issue within prisons among prisoners. Jails must be able to recognize cultural differences by applying “appropriate responses pertain to staff training, policy development, recognition of the issue, an assessment of jail tensions related to racial and cultural differences, recruitment for staff of color, and involvement of the community in addressing jail problems” (Johnson, n.d, p.1). E. Conclusion: 1. We have explored the balance between constitutional rights of incarcerated persons and administrative functions in corrections, how the constitutional rights of incarcerated persons have been addressed specifically in the Supreme Court case presented for Holt v. Hobbs and we have discussed how cultural sensitivity and diversity has impacted corrections and what are some
steps that can be taken to improve this among correctional officers and inmates.
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References
Place to worship initiative - what is RLUIPA?
. Civil Rights Division U.S. Department of Justice.
(2023, September 22). https://www.justice.gov/crt/place-worship-initiative-what-rluipa
Mohammadi, A. (2020). Sincerity, Religious Questions, and the Accommodation Claims of Muslim Prisoners. Yale Law Journal
, 129
(6). https://search.ebscohost.com/login.aspx?
direct=true&AuthType=shib&db=edsbig&AN=edsbig.A625863981&site=eds-
live&scope=site
. Johnson, T. (n.d.). Diversity and race: Reality and responses
. Diversity and Race: Reality and Responses | Office of Justice Programs. https://www.ojp.gov/ncjrs/virtual-library/abstracts/diversity-and-race-reality-and-responses
Holt v. Hobbs, 574 U.S. 352 (2015). (n.d.-a). https://www.oyez.org/cases/2014/13-6827