Examples of When a Criminal’s Rights May Be Violated
In this article, we are going to talk about examples of when a criminal’s rights may be violated. There are a few things that can occur to a criminal that isn’t fair to them. Just because a criminal does get into trouble, does not mean that they do not have rights. Let’s talk about some instances where a criminal may have their rights violated.
5 Examples Of When A Criminal’s Rights Might Get Violated
EXAMPLE 1: Domestic Violence Situations
The rise of domestic violence situations is rising. There are many out there. However, this could be one ways that a criminal doesn’t get the proper tools and devices if charged.
Many people always assume that a domestic incident is always one person at fault. However, it could be the other way around. Plus, it could be both people in the situation. Sadly, only some of the time these investigations do not look at the criminal’s side of the story. That’s why it’s crucial to hire an attorney for domestic violence situations whenever possible.
It’s Important To Speak To Both Parties.
When a domestic violence situation occurs, an officer has to get both sides of the story and gather evidence. However, sometimes when these situations occur stories are mixed up because there is a lot of emotions going on at this point. It is during this that the criminal or suspect may not be able to tell their story. This is a violation of a criminal’s rights.
It is at this point that a suspect should contact an attorney that can help them get their side of the story as well. Not all domestic disputes end in a good way. That is why a criminal should be able to tell their side of the story and have evidence gathered to prove innocence or lesser involvement.
EXAMPLE 2: Detention
Even those who are charged with the most serious of crimes have certain rights. One of these rights is in relation to their “housing” situation while being charged for a crime. A criminal that is in custody may not be in a jail, prison, or another facility right away. There are cells for holding intoxicated persons, those who have just been brought in, and other cells. These cells must be a certain size per person. They need to follow the national laws for cell size.
Not Everyone In Prison Is Guilty.
Keep in mind that not all these people who go to detention centers or are put in holding cells are guilty. When a person charged with criminal acts fails to hire a lawyer for representation, they are at risk for being in such situations. For this reason, if you find yourself in a holding cell waiting for a charge that you did not do, you should contact an attorney as soon as you possibly can.
It is also a violation of a criminal’s rights when proper procedures are not taken when putting the person into a cell or detention. These are the procedures that are put into place so that everyone is treated equally, but in many cases criminals may face a police abuse of power.
There are a few things that could happen that are against the rights of a criminal that include, but is not limited to:
- Excessive Force
- Sexual Acts
EXAMPLE 3: Food
Just because a criminal is in jail or prison, doesn’t mean that they cannot eat. States must make sure that every person in the jail, prison or holding facility has adequate food sources. However, there are times where this could violate the rights of an individual.
It is unlawful to deny any individual or group access to food because of race, sex, age, etc. Sometimes, a criminal will be treated differently based on the things listed above. That is discrimination. This is not okay and is a violation of rights.
EXAMPLE 4: Medical Services
When someone is incarcerated, they do need access to medical care occasionally. Just as everyone does, they also get sick. However, it is a lot different in a prison or jail facility than it would be at home. A jail or prison facility is not going to act unless you are very sick. If a criminal is injured during a fight or very sick and the correctional officers do not do anything about it, it is against the rights of a criminal.
Refusing To Provide Medical Treatment Is A Serious Violation.
It is a violation of rights to refuse medical treatment, however, many officers do this because a lot of inmates look for ways to escape. Sometimes, this means the injuries of officers as well. Therefore, many people do not get the healthcare they need in a jail or prison facility. You must keep in mind that a criminal has rights. They also deserve to see medical professionals if needed. These specialists could include neurologists, cardiovascular specialists, and more. Criminals are supposed to be able to see these specialists for their conditions and if they are not allowed to, it is against their rights.
It is important to note that there are rules that need to be followed as well. This includes the correctional officers following safety guidelines if there is a fight or taking other necessary measures to control violence. This is so that individuals do not get hurt.
EXAMPLE 5: Disabled Criminal’s Rights
Just because someone is disabled does not mean that they do not have rights. If a disabled criminal is judged on age, religion, gender, or race this is against their rights.
Those who are disabled do have a right to be protected from unusual or cruel punishment, freedom of speech, and the right to medical care. Those who are disabled can and may have a harder time accessing all their rights due to their disability, however, their disability does not mean they do not get the same rights as others.
CONCLUSION: Examples Of When A Criminal’s Rights May Be Violated
As you can see there are many ways in which a criminal’s rights can be violated. Everyone has a voice and deserves to be heard. Their side of the story matters and they should not be discriminated against by any means. If you believe that a criminal has been wrongly treated, you should contact a criminal justice attorney as soon as possible. Carl Barkemeyer, Criminal Defense Attorney is a great criminal law firm in Baton Rouge, Louisiana. Carl Barkemeyer, Criminal Defense Attorney has helped thousands of people experiencing criminal rights violations and can help you too.
As discussed, these are all examples of when a criminal’s rights may be violated.