Final Project Essay Example | Topics and Well Written Essays - 1500 words

Final Project - Essay Example The First Amendment protects the rights of individuals, including prisoners, to their freedom of communication via letters. It makes Jail Officers wonder why other charges like harassment or deprivation from access to court were included in the complaints. Knowing the drug syndicates have lots of means to access lawyers and media, this can be a clear indication of the effectiveness of the new Mail management system against unwanted activities in jail. Or Civil Rights Groups may be right up to a certain extent. There should be more transparency and clarifications concerning the initiatives of the Department of Corrections. What should be made known to the public ought to appease every listener and definitely satisfy courts and lawyers as soon as they hear those explanations for clarifications. The government’s lawyer should be made to clarify that the procedures are merely temporary. And the reason for its being temporary ought to be further explained to judges behind closed do ors. Security measures require some level of confidentiality and private discussions among lawyers and judges only. II.Details A.Statement of Facts A new mail policy of the Department of Correction dictated the specification for incoming and outgoing communications by saying that communication â€Å"must be on a 5x7 inch pre-stamped postcard†. Even the ink color was restricted. Return address had to be either written or printed. Adhesive label was not allowed. However, there were logical reasons connected to law enforcement against the entry of contraband through mails. The other reason was not directly related to law enforcement, because the Correction Officers simply wanted to make it easier for them to manage the mails daily in the light of insufficient Staff. There was also a policy that would provide three FREE postcards per week for indigents. To be considered indigent, the prisoner â€Å"must have less than $ 10.00 balance for 45 days prior to the request for indigent supplies.† If not indigent, a prisoner will have to buy the 5 x 7 postcard for $0.50 cents per post card. As a result of these changes, the Department of Corrections received complaint suits for violating the 1st Amendment civil rights pertaining to freedom of expression. Complainants also accused the department of invading the privacy of prisoners, of interfering with the prisoners’ access to the courts, of harassing prisoners, of not having a legitimate purpose, of being unnecessarily different from most other prisons in the management of packages and letters. Is it right to heed a few legislators who wanted the Corrections Department to revert back to the original process of mailing? What should be done in response to newspaper editorials’ condemnation of the changes believed to be unnecessary? Figure 1 shows the contents of The First Amendment, as follows: Figure 1. The First Amendment â€Å"CONGRESS SHALL MAKE NO LAW RESPECTING AN ESTABLISHMENT OF RELIGION , OR PROHIBITING THE FREE EXERCISE THEREOF; OR ABRIDGING THE FREEDOM OF SPEECH, OR OF THE PRESS; OR THE RIGHT OF THE PEOPLE PEACEABLY TO ASSEMBLE, AND TO PETITION THE GOVERNMENT FOR A REDRESS OF GRIEVANCES.† Included in the first amendment are the following implied situations: 1. Censorship is a violation of the freedom of speech. (SCJ Stewart, Potter 1966, Ginzberg v. US, 383 US 463) 2. â€Å"The right to think is the beginning of freedom†¦speech is the beginning of thought.† (SCJ Kennedy, Anthony M. in Ashcroft v. Free Speech Coalition) B.