A lot of people think that when someone is arrested and taken into custody they lose their rights. In some ways this is true; people do lose some of their rights and freedoms when arrested. However, inmates are still afforded basic rights under the US Constitution. Below are a few of those rights and a brief explanation.
The Basic Rights of California Prisoners
- The right to human conditions. Prisons are not intended for comfort, but there is a limit to how badly the conditions in which you’re forced to live can be. You should have clean, running water, a working toilet, and a space that is free from insect infestation or other unhealthy threats.
- The right to mental health and medical care that are adequate. Once again, the prison system is mandated to meet a certain standard of care when it comes to mental and physical health. However, much like the living conditions, the services they provide don’t have to be all that great – they just have to keep you alive.
- The right to nutrition. You don’t have to like the food they give you, but it does have to meet reasonable dietary needs.
- The right to due process. Prisoners always have the right to due process, even when they are being disciplined within the prison system.
The Difference Between Rights and Privileges
On the outside, what is a right and what is a privilege is a matter of debate. When someone is arrested and living the prison system there is no such debate. “Rights” are guaranteed by the US Constitution. These rights include the freedom of speech, freedom from discrimination, freedom of religion, etc.
Privileges are things that officials can grant an inmate based on certain conditions. For example, inmates don’t have the right to watch TV. But, if they act right and don’t cause trouble, some inmates are allowed to have a TV in their cell to give them something to do. Being that having a TV isn’t a right means that the TV can be taken away for any reason, while an inmate’s freedom to practice their religion cannot.
