Illegal Searches Of Prisoners And Those On Parole And Probation

Illegal Searches of Prisoners and those on Parole and Probation

Outline

I. Introduction

II. On Imprisonment, Parole and Probation

III. Purpose and Legality of Searches

IV. Illegal Searches in the Case of Prisoners, Parolees and Probationers

V. Conclusion

VI. References

I. Introduction

The criminal justice system works in such a way that certain behavior or actions are legislated as a criminal offense wherein the state or the federal government can prosecute an offender even if only being suspected. In this case, there exists rules or limits into which protection are of highest concerns. It does not only apply to civilian suspects but also extends to actual prisoners, and to those who are on parole and under probation. But in reality, it has become a worldwide issue in terms of illegal searches. It has even been stipulated in the U.S. Constitution's Bill of Rights stating that these restrictions start on the premises of the rights to refuse to testify against oneself, the right to confront one's accuser and the right to a trial by jury for people charged with crimes. But these federal protections may not always seem to hold especially when police enforcers are dealing with prisoners, people on parole and on probation status. This happens because the jurisdictions regarding these matters depend on the ruling court. The court regulates and decides whether the legislative rule, court practice or police action is permissible under the federal and state constitutional law. From here, we can say during the course of searches, we should be aware and vigilant of possible violations by the apprehending police officers. In such cases, knowledge of the legality, technicality and the law should at least be required or at least explained to the person being searched. As mentioned a while ago, the case becomes quite sensitive for people who are imprisoned, on parole and under probation. The situation for them is very difficult in the sense that they are already under punishment being in that status and what they fear above all is the law and the law enforcers. Sometimes, the fear of them makes them more prone to violations on their basic rights and become victims as well.

This paper will try to look into the illegal searches committed on people that are imprisoned, on probation and under parole. Some examples of these illegal searches will be discussed to further elaborate the extent of the problem. In addition, the basic difference between a person that is imprisoned, on parole and under probation will be defined. It is also necessary to include the laws that govern these violations during searches such as the Fourth Amendment and the Eight Amendment. This paper basically aims to expose the bad side of law enforcement and the shortcomings of the existing federal and state laws.

II. On Imprisonment, Parole and Probation

It is best to explain the basic difference of these three for the purpose of this paper's discussion regarding the illegal searches that are being experienced by these people. But it does not necessarily mean that illegal searches cannot be committed to civilians or to suspected criminals. This is an example of the beauty of the law in terms of providing equal rights and protection to all. Note that once a person violated certain law; for example committing a crime, automatically there are some rights that are being taken away.

For a person, caught and proven guilty of a crime, they forfeit their right of freedom as they are put away from the community and all forms of their connection the society are cut off. They are actually sentenced to serve a couple of years or their whole life in prison or in incarceration facility. These are those people that are imprisoned and the gravity of their sentence depends on the kind of the crime they have committed.

On the other hand, a prisoner can be released from his sentence via parole. The term parole means a conditional release in prison such as release after having served the full sentence or having a sentence cut short. The release means that the prisoner on parole or a parolee is allowed to leave the prison and to re-enter the community but they are under certain imposed limitations and rules. By breaking these terms, they will be sent back to prison to serve their remaining sentence or face a new sentence. Note that there are exceptions to the parole and they are those with serious crimes, for instance are the repeat offenders and first-degree murderers, and those under the death-sentence. At the same time, the laws and the rules regarding the granting of parole depends on the law of the state where the prison belongs.

The lightest status of all is the probation. People that are put under probation does not have the same ordeal as those in prison and on parole, since they never get to see the jail or prison. This status is an alternative for initial incarceration and they remain in the community as long as they abide by the rules set by the court. They only go to prison if they, similar to parolees, break rules that were given by the court such as seeking counseling or treatment, attending regular meeting with their parole officer, participating in community education and performing community service.

Now that we have a basic concept on the basic differences of imprisoned, on parole and under probation, we can proceed with the illegal searches that are being committed to them. In the eyes of the court, the court practice or police action is permissible depending on the existing federal and state law. This claim makes it clear that the determining factor is the legislative rule implemented in the court and will have great difference in terms of results. The outright concern here is the technicality of the searches that are being conducted by the authority. Yes, they are in the position of upholding peace and order in the community but there are some flaws that exist in the process. It is very possible for a search to be considered a violation because of such things as privacy of the individual that is being searched. People that are accompanying persons in parole and probation are often affected by these searches since the authorities have already placed surveillance on the parolees and people on probation. The regular citizens are drag into these stressful and harassing situations every time the police are suspecting their target. In essence, there seems to be a hierarchy