Tuesday, June 11, 2019

Turner v. Safley Essay Example | Topics and Well Written Essays - 500 words

Turner v. Safley - Essay ExampleThe second reign over entailed that prisoners could except get married with the permission of the prison superintendent. This permission was only granted due to compelling reasons, which generally were a pregnancy or the birth of a child outside of marriage.Both the Federal District Court and Court of Appeals found these rules unconstitutional and ruled in favor of the petitioners, i.e. the inmates. The Missouri Division of corrections appealed in the U.S. Supreme Court.In the Supreme Court, it was held that the first rule was reasonable and necessary for security reasons if correspondence were to be allowed freely between prisoners, it could lead to inmates plotting beat plans, arranging violent activities and to promote prison gang activities. Moreover, this rule did not bar the prisoners from corresponding to prisoners and hence did not deprive them of all ways of expression. This rule was necessary for the safety of the prison staff as well as of the prisoners themselves. Therefore, the earlier decision in this matter was overturned.On the second rule, however, the Court agree with the decision of the lower courts. It was decided that such a rule barred the right of the prisoners to marry on an unreasonable level, as, whether a prisoner married some other prisoner or a civilian, it could not possibly have a negative effect that large on the prison staff or inmates so as to render it necessary for them to obtain the permission of the prison superintendent. Hence this rule was declared unconstitutional and ordered removed.The ruling of the Court was very fit in its approach. The Court did not allow the infringement of the rights of the inmates that the Constitution provided them moreover, it also kept in mind that the security of the prison staff and inmates was of prime splendour and could not be compromised.Though it is important for none of the

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.