We Must Put an End to Frivolous Inmate Lawsuits
Our forefathers were bright enough to establish a system of government with a series of checks and balances to maintain a balanced government. For the past decade a series of checks and balances has begun to fail our government. In our failing system of government inmates have taken advantage of the court system and have flooded it with an inconceivable number of frivolous lawsuits. Laurel Walters, a writer for the Christian Science Monitor, investigated inmates' lawsuits and found that these "recreational litigators...are suing the courts as an intramural sports activity." Action needs to be taken in order to rectify and protect "US" from this squandering of our tax payer provided funds
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These frivolous lawsuits are costing law-abiding tax payers billion every year.
Frivolous lawsuits can be found in every state around the nation. In New York inmates have sued over bad haircuts and melted ice cream and their constitutional right to use beige towels instead of white ones. (New York Times, B2). In Texas an inmate claimed he was subject to "cruel and unusual punishment" because he was served chunky instead of smooth peanut butter. In Massachusetts a recaptured prison escapee sued because the state threw out the personal property he left behind. Lloyd Duhaime a writer for the Citizens Against Lawsuit Abuse quotes one extreme case that took place in California. The ingenuity of this following lawsuit goes without parallel. An inmate filed a $5 million lawsuit against himself (claiming he violated his own civil rights by getting arrested) but insisted the state pay because he was a ward of the state (web site).
A by-product of these frivolous cases are skyrocketing costs. Paper work costs, clerical costs, lawyers and court fees accompany every case. Even for the most frivolous of lawsuits all of these costs must be paid. Most often this bill is paid by tax payers as inmates are able to claim pauper status to avoid the bills. By the time a case comes before a judge with the ability to toss it out, the costs associated with the case can run as high as $4,500. Obviously, something needs to be done.
One possibility to correct this growing
The United States prison system struggles eminently with keeping offenders out of prison after being released. According to the Bureau of Justice Statistics, more than third of all prisoners who were arrested within five years of released were arrested within six months after release, with more than half arrested by the end of the year (Hughes, Wilson, & Beck, 2001). Among prisoners released in 2005 in 23 states with available data on inmates returned to prison, about half (55 percent) had either a parole or probation violation or an arrest for a new offense within three years that led to imprisonment (Durose, Cooper, & Snyder, 2014). Why are there many ex-offenders going back to prison within the first five years of release? Are there not enough resources to help offenders before or/and after being released from prison.
February 7, 1945 Thomas Whitecotton a former Captain with the Missouri Highway Patrol, accepted the position of Warden of the Missouri State Penitentiary. His mission? “clean up” the penitentiary.
Mass Incarceration is a growing dilemma in the United States that populates our prisons at an alarming rate. Michelle Alexander is a professor at Ohio State University and a graduate of Stanford law school. She states in her award winning book, The new Jim Crow: Mass Incarceration in the Age of Colorblindness “In less than thirty years, the U.S. penal population exploded from around 300,000 to more than 2 million” (Alexander, 6). These young men and women are unable to afford a decent lawyer because they come from such a poverty-stricken background. Men and women are at a financial disadvantage in our justice system. Lawyers and attorneys cost a fortune and most people can just simply not afford them. Others plead to their charges because
The idea of sympathetic release of ill and elderly prisoners is not new. In 1994, Professor Russell published consideration of medical parole and compassionate release programs of district and fifty states of Columbia. Only three
The United States is regarded as a country of innovation and progress. However, the prison and disciplinary systems in the U.S. fall short in several aspects. With the highest incarceration rate in the world, one might expect American prisons to be prepared for providing quality care and rehabilitation for inmates. Unfortunately, this is not the reality - with a growing number of privatized prisons, the quality of life for inmates and their families is dissipating. The U.S. prison system is in desperate need of reform; closing down private prisons will help in alleviating monetary pressure, reducing abuse reports, and lowering the rate of reincarceration in individuals. Prison reform should be seen as a priority, as nonviolent offenders are suffering far more than they should, and are purposely conditioned to be reincarcerated after their release. Private prisons are rapidly growing in the U.S. to keep up with a growing number of inmates. With the rising number of prisoners, prisoner abuse levels are also rising exponentially. This is due to the fact that private prisons are a booming industry that exploits prisoners for profits. Private prisons may seem beneficial at a glance; however, they enforce lax regulations and are notorious for overcrowding and “barbaric” conditions. Prisons should rehabilitate nonviolent offenders in
The policy options that will be discussed are establishing efficient and beneficial rehabilitation systems in prisons, establishing educational systems in prisons, eliminating private prisons, and reducing mandatory sentencing laws. These are a few of the many ideas and solutions that the United States can take in order to reduce its high incarceration rate.
In the essay "Prison "Reform" in America," Roger T. Pray points out the much attention that has been devoted to research to help prevent crimes. Showing criminals the errors of their ways not by brutal punishment, but by locking them up in the attempt to reform them. Robert Pray, who is a prison psychologist, is currently a researcher with the Utah Dept. of Corrections. He has seen what has become of our prison system and easily shows us that there is really no such thing as "Prison Reform"
The U.S. Supreme Court has acknowledged the growing distress, deeming California’s state prisons unconstitutionally crowded. In 2009, the U.S. Supreme Court ruled out that California’s 33 state prisons have become too overcrowded to the point where there are no sufficient medical and mental health care available (Realignment AB 109, 2013). The U.S. Supreme Court determined that the 33 state prisons are violating constitutional exclusions, under the Eighth Amendment, against unfamiliar punishment and brutality, says the American Legislative Exchange Council, an American organization producing model policies for state legislators (ALEC, 2010).
The US Correctional System has many different types of punishments, which are based upon the type of crime the offender commits. Murder, Rape and Identity theft are all crimes, crimes that carry different types of punishments. Some crimes such as murder for example have different levels that are based on it nature, first, second, and third degree murder are all three types of murder but carry a different punishment. There are some crimes though that does not carry a large jail or prison sentence such as driving under the influence (DUI). This type of crime is most like going to sentence the offender to alcohol awareness (AA) classes as a form of punishment, in hopes of rehabilitating the offender to give up
America has a major problem with overcrowding in its prisons, and action needs to be taken. Since 1970, the inmate population in the United States has increased over 700%, far greater than the general population as a whole. This has led to declining quality of life within the prison system including 8th Amendment violations and it represents a needless drain on state finances. There is simply no value in keeping non-violent convicts in the prison system, sometimes for years. The costs are high, and there is very little benefit to America. The justice system needs to be overhauled to relieve the massive crowding in US prisons.
Within this paper, you will find a comprehensive review of the United States prison system, and why it needs to analyzed to better support and reform the people of this country. I plan to persuade the other side (politicians and society) into seeing that the way the prison system is now, is not ethical nor economical and it must change. We have one of the world’s largest prison population, but also a very high rate of recidivism. Recidivism is when the prisoners continuously return to prison without being reformed. They return for the same things that they were doing before. So, this leads us to ask what exactly are we doing wrong? When this happens, we as a nation must continuously pay to house and feed these inmates. The purpose of a prison needs to be examined so we can decide if we really are reforming our inmates, or just continuing a vicious cycle. What is the true purpose of prison besides just holding them in a cell? There must be more we can do for these hopeless members of society.
With the population of the United States prisons growing every day we need to evaluate if they are doing any good. Personally, I believe that we need to keep our prison system, but we need to take steps in reforming them rather than abolish them altogether. The United States has the highest number of incarcerated people than any other country in the world. We must sit down and look at other countries and see what they are doing different than the United States. In this paper, we will first look at what the prison system in America is like and what we can do to improve upon our prison system. Then, we will also look at the Finland prison systems and see if we can learn anything from them, since they have one of the lowest incarceration and crime rate in the world. We will then look at reforming our prison system or abolishing it. Finally, we will investigate other punishment alternatives other than the prison system that we could use.
In this world we live in many feel that prisons exist to punish, not counsel, offenders. That may be true that Prisons exist for punishment, but they also have an important contribution to make to reducing re-offending by engaging prisoners in rehabilitation programs and purposeful work. Society is flawed in its thinking that by putting criminals in a place away from society we would be better off. To make it worse I am sure that more that 60 percent of Americans are against social reform because they have made up their mind that once a crook, always a crook. This is flawed mainly because it seems to assume that showing people that what they've done is wrong will always accomplish something, that punishing those who commit crimes
The question of whether American Prisons are humane is a difficult question to address. There are a lot of factors involved in understanding this issue. In order to be humane, the prison system needs to show some form of compassion and attempt to implement methods for rehabilitation, rather than focusing on punishment on top of ostracism. Being humane goes beyond how the prisoners are treated within the walls, it requires a level of benevolence after someone is released.
In the 1970s and 1980s, a massive amount of inmates began fillin up the United States prison systems. This huge rate of growth in this short amount of time, has greatly contributed to the prison overcrowding that the United States faces today. In fact, the prisons are still filled to the seams. This enormous flood of inmates has made it practically impossible for prison officials to keep up with their facilities and supervise their inmates. One of the main reasons why many prisons have become overcrowded is because of states’ harsh criminal laws and parole practices (Cohen). “One in every 100 American adults is behind bars, the highest incarceration rate in the world” (Cohen). The amount of inmates in corrections systems, throughout the