Inmates and prisoners have certain legal rights while incarcerated. Prisoners are individuals convicted of crimes and held in state or federal prisons, while inmates can refer to those in local jails awaiting trial or serving shorter sentences. Both prisoners and inmates have rights to humane treatment and protection from abuse or cruel punishment. They also have rights to medical care, freedom of religious practice, and communication with family. Mechanisms like habeas corpus and civil rights lawsuits can be used to protect prisoner and inmate rights.

1. INMATES/PRISONER
LEGAL RIGHTS
REPORTER:
JAMAICA JOELINA P BENCITO

2. INTRODUCTION
Penology, also called Penal
Science, the division
of criminology that concerns
itself with the philosophy and
practice of society in its efforts to
repress criminal activities

3. Penology has stood in the past and, for the most part, still
stands for the policy of inflicting punishment on the offender as
a consequence of his wrongdoing but it may reasonably be
extended to cover other policies, not punitive in character such
as probation, medical treatment, and education, aimed at the
cure or rehabilitation of the offender.

4. Crime is a punishable offence or an unlawful act that is
done by a person. The person accused of crime is passed
through a trial where it is determined whether they are guilty
of the charges pressed against them or not. Before the trial
they are held in local jails and if they are found guilty, they
are sent to state or federal prisons. They become prisoners or
inmates.

5. What is
Inmate
Inmate is the general term that applies to a
person living in a place that houses several other
people. People living under the same roof are
known as inmates. The place can be an institution
like a prison.

6. What is
Prisoner
A prisoner is a person who is robbed of their
liberty against their wishes and are held in
captivity, forcibly restrained or confined. Any
person convicted of committing a crime is legally
termed as a prisoner.

7. DIFFERENT PARAMETERS OF
COMPARISON BETWEEN
PRISON AND INMATES

8. Area of Confinement
Inmate
Inmates are held captive in
local and county jails. They
may also be held in
detention centers.
Prisoner
Prisoners are usually held
confined in state and
federal prisons.

9. Judgement and Confinement
Inmate
Inmates are confined in jails
only after they have been
sentenced a particular time
in their judgement.
Prisoner
People being held in jails
when the judgement has
not been passed yet are
also known as prisoners

10. Capacity State
Inmate
Inmates are always accused and
convicted of their crimes before
being put in prison.
Prisoner
Prisoners can be held against
their wishes even if they haven’t
committed any crimes. Prisoners
of war come under this
category.

11. FOUR CLASSES OF
PRISONER

12. FOUR CLASSES OF PRISONER
• Insular or National Prisoner
• Provincial Prisoner
• City Prisoner
• Municipal Prisoner

13. MECHANISMS FOR
SECURING PRISONER’
RIGHTS

14.  Writ of Habeas Corpus
 Tort Action in State
 Federal Civil Rights
Lawsuit
 Request for Injunctive Relief
 Criminal Court System

15. RIGHTS OF
PRISONERS

16. Prisoners and inmates are human beings entitled to the same
basic rights enjoyed by citizens in a free society, except that the
exercise of these rights are limited or controlled for security
purposes. It is in this context that rights for prisoners have been
drafted, and standards for treatment of prisoners have been set.

17.  That all prisoners have the right to be treated in a humane
manner;
 That all prisoners have the right to a fair trial with adequate
and free legal assistance;
 That persons under any form of detention or imprisonment
have the right to be protected from cruel, inhumane, degrading
treatment and punishment, including sexual violence and other
forms of torture;

18.  That persons have the right to be kept in official government
civilian prisons and to be protected from being imprisoned in
unofficial places of detention or in military custody;
 That all persons have the right to appear in public before a
legally-constituted court within a short time after their arrest;
That prisoners have the right to fair and humane treatment
which enables the maintenance of self-respect;

19.  That prisoners have the right to a prison programme which
enhances their social and intellectual abilities;
 That prisoners have the right to separate living arrangements
in prison in accordance with the categories of gender, age, and
reasons for imprisonment;
 That prisoners awaiting trial have the right to be held
separately from convicted prisoners;

20.  That political prisoners have the right to be segregated from
other prisoners;
 That prisoners have the right to communicate with their
families and to maintain familial relationships;
 That prisoners have the right to free legal assistance;

21. RIGHTS OF INMATES

22. THE RIGHTS OF INMATES INCLUDE THE FOLLOWING:
The right to humane facilities and conditions
The right to be free from sexual crimes
The right to be free from racial segregation
The right to express condition complaints
The right to medical care and attention as needed
The right to appropriate mental health care

23. The right to humane facilities and conditions
The right to be free from sexual crimes
The right to be free from racial segregation
The right to express condition complaints
The right to medical care and attention as needed
The right to appropriate mental health care
The right to a hearing if they are to be moved to a mental
health facility
THE RIGHTS OF INMATES INCLUDE THE FOLLOWING: