¶ … Correctional Officers:
As an attorney working in the Office of the Inspector General in the State Bureau of Prisons, I have been asked to evaluate two major issues involving various correctional officers at the state prison and the behavior of the lawyer assigned to represent them. These correctional officers have reported several incidences of assault by inmates, which has caused them physical harm. If these assault claims are proven to be true, the law automatically mandates an extra two years to the prison terms of these inmates. In order to determine the truth behind these allegations, I have conducted interviews and hearings on the claims. According to one of the prisoners, they were falsely charged and were subjected to previous hearings and interviews by the prison warden and the chief correctional officer. Despite of being aware of the practice and having no evidence, I suspect misconduct and abuse of suspects by the prison administration and correctional officers.
Ethical Issues and Probable Violation of the Legal Code:
This case provides an example of ethical dilemmas that attorneys experience when attempting to resolve issues between correctional officers, the prison administration and inmates. One of the major ethical issues at stake in this scenario is whether violation of human rights took place on the part of inmates or the prison administration or wardens. In essence, violation of human rights on the part of the inmates may have occurred if indeed these prisoners assaulted and caused physical harm on the correctional officers. Actually, one of the major disadvantages of being a correctional officer is constant exposure to the risk of being assaulted and/or wounded by inmates (Heibutzki, n.d.). This risk is attributed to the ability of inmates to convert common objects into unconventional weapons that can be used to attack and cause harm on these correctional officers.
The other ethical issue at stake in the scenario is whether the correctional officers are guilty of violation of human rights by using unobserved unethical means to treat the inmates. In this case, the officers could have abused the suspects and exhibited misconduct in their treatment of these inmates. The misconduct and abuse could have been the reasons for the false charges and the hearings and interviews conducted by the correctional officers and prison administration. The abuse or misconduct could have occurred in different forms including verbal abuse, threats, harassment, or use of force.
These ethical issues at stake in the allegations imply that there is an ethical violation of the legal code. According to federal and state laws in the United States, prisoners are protected from some acts of harassment and violence such as rapes, sexual assault, and attacks. One of the major responsibilities of correctional officers is to carry out their activities without impartial application of the law, prejudice, or discrimination ("Officer Requirements," n.d.). This process helps in protecting the human rights and other rights of inmates as guaranteed by the constitution and the ethical legal code. When correctional officers use unlawful methods in their treatment of prisoners, they not only violate inmates' human rights but they also violate the ethical legal code.
In my attempts to resolve the issue, I will decide the case based on suspect abuse and misconduct on the part of the prison administration and correctional officers. This decision is based on the fact that I am aware of the unlawful practice by the prison administration though without any evidence. The other reason showing suspect abuse and misconduct by these professionals is their decision to conduct initial interviews and hearings without involving an attorney. If the inmates really attacked the correctional officers and caused bodily harm, the prison administration should have taken necessary measures as provided by the law rather than the interviews carried out by the prison warden and chief correctional officer.
The Fifth, Eighth, and Fourteenth Amendments to the U.S. Constitution protect inmates from certain assaults such as suspect abuse and misconduct by correctional officers and prison administration. Therefore, the determination of this case will require proof on how inmates' rights under these Amendments have been violated ("A Jailhouse Lawyer's Manual," 2009). Notably, the process first requires an understanding of these constitutional rights and their application to the inmates regardless of where they are incarcerated. Once proof of violation of these constitutional rights has been demonstrated, I'll make a federal constitutional law claim and a state law claim based on the specific state law where these inmates are imprisoned. In essence, I'll file a civil lawsuit against the correctional officers and prison administration. Filing a civil lawsuit is informed by the fact that only the government can bring criminal charges according to criminal law.
Correctional...
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