What Rights Should Prisoners Have? Persuasive Essay by scribbler

What Rights Should Prisoners Have?
A discussion on the rights that should be extended to prisoners in Canada.
# 153483 | 1,366 words | 4 sources | MLA | 2013 | US
Published on Jun 04, 2013 in Canadian Studies (Charter of Rights) , Law (General)


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Description:

The paper looks at section 6 of the Canadian Charter of Rights and Freedoms to show that not all of the rights guaranteed to Canadian citizens can be naturally extended to prisoners, since the very nature of imprisonment hampers the exercise of some of those rights. The paper discusses rights that include the freedom of mobility, the freedom of peaceful assembly, and the freedom from unreasonable search or seizure, and highlights how they cannot be granted to prisoners. Furthermore, the paper points out the differentiation between those rules governing those who have been accused of crimes, and those applying to those who have been convicted of crimes. The paper demonstrates how criminal justice requires a careful balancing of the rights of the accused against the rights of society as a whole.

From the Paper:

"Looking at section 6 of the Canadian Charter of Rights and Freedoms, it is clear that not all of the rights guaranteed to Canadian citizens can be naturally extended to prisoners. Section six provides that: "(1) Every citizen of Canada has the right to enter, remain in and leave Canada...[and] (2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right (a) to move to and take up residence in any province; and (b) to pursue the gaining of a livelihood in any province" (Canadian Charter of Rights and Freedoms, s. 6). Obviously, a person who has been imprisoned does not and should not have the right to enter or exit the country, or to move and take up residence in any province. Granting prisoners that right would mean that it would be a civil rights violation to ever imprison anyone. Clearly this is not an intended consequence of civil rights in a free society. Because this explicitly stated civil right is one that must be inherently denied to prisoners, it becomes clear that the rights stated are applicable to free persons, and are inapplicable to those who have been duly convicted of a crime and are serving a sentence for that crime."

Sample of Sources Used:

  • Canadian Charter of Rights and Freedoms, s. 2(c), Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982(U.K.), 1982, c.11.
  • Canadian Charter of Rights and Freedoms, s. 6, Part I of the Constitution Act, 1982, beingSchedule B to the Canada Act 1982(U.K.), 1982, c.11.
  • Canadian Charter of Rights and Freedoms, s 8, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982(U.K.), 1982, c.11.
  • Canadian Charter of Rights and Freedoms, s. 11, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982(U.K.), 1982, c.11.

Cite this Persuasive Essay:

APA Format

What Rights Should Prisoners Have? (2013, June 04) Retrieved October 22, 2020, from https://www.academon.com/persuasive-essay/what-rights-should-prisoners-have-153483/

MLA Format

"What Rights Should Prisoners Have?" 04 June 2013. Web. 22 October. 2020. <https://www.academon.com/persuasive-essay/what-rights-should-prisoners-have-153483/>

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