Criminology

This paper discusses in brief the salient points about civil liberties in relation to the rights of convicted criminal offenders.  Much has been said about civil liberties as being one of the most valued provisions in the US Constitution.  In fact, while the rest of the charter may be unknown to many Americans, the Bill of Rights, which contains all the articles regarding civil liberties, has been memorized almost by heart.  Oftentimes, controversies have hounded law enforcers and the criminal justice system itself because of malpractices that led to violations on the civil liberties of the people, including those suspected perpetuators of crimes as well as those already convicted.  It is the aim of this short essay to restate the basic principles regarding civil liberties and the limitations and privileges that convicted offenders may enjoy under it.  This paper is a contribution to the discussions and debates surrounding the rights that may be enjoyed by convicts.

Civil liberties are essentially the freedoms and rights that citizens benefit under a democratic government or a non-authoritarian state.  These protect the people from any abuse of power by the government or from any unjust restrictions enforced by the state.  Because these are rights that people can assert against an abusive regime, these must always be struggled for before these can be respected by those in power.  Civil liberties in the US are not by-products of a benevolent government.  One of the main reasons that spurred the American Revolution was Britains undemocratic rule and its tyrannical practices on Americans.  Provisions on civil liberties were among the first to be established in the Constitution through amendments, the Bill of Rights. (Rutland)   Since then, civil liberties have been guaranteed by the US Constitution.  The changes that were introduced later, as what the Fourteenth Amendment did in 1868 only meant to strengthen these further.  These include freedom of religion, the well-regulated militias right to bear arms, the freedom of expression, the right to be free from cruel and unusual punishment, and the right to a fair and speedy trial for those suspected of committing crimes.

Civil liberties are a combination of man-made and common laws. Many of these started out as man-made though.  The rights and freedoms of individuals, which the US Constitution has, were fruits of the early Americans struggle against colonial rule and efforts at establishing a nation that no longer bore the hallmarks of the undemocratic ways of its former ruler. These were later made into basic laws by the framers of the Constitution.  As the years went by, however, and as issues arose on the interpretation of the Bill of Rights, more implementing laws and amendments to the charter itself were introduced.  Therefore, common laws evolved and were later accepted, enriching the provisions on civil liberties in the US Constitution.  The Fourteenth Amendment created in 1868 is a prime example of this.

A convicted criminal offender is still covered by the Bill of Rights.  However, there may be some limitations to these.  His rights as a citizen may be respected but he may not be allowed to enjoy some privileges to protect the interest of the public and to maintain order in the penal institution he is in.  He cannot invoke his right to refuse search and seizure in his prison cell.  Aside from the fact that his conviction has limited his right to property, such methods employed by the penitentiary are meant to create order and to protect the rights and lives of the entire prison population.  Debates have emerged regarding the compulsory DNA profiling of prisoners.  Those who are against it have said that this is a violation of the right against self-incrimination.  However, this has actually led to the exoneration of many prisoners as well as the connection of others to crimes they have not been convicted of yet.  Crime-solving has become faster with the DNA Initiative Act.  (Lazer, et al.)

The convicts right to vote must still be respected even if they are already in prison.  Unless they have been convicted of crimes against the state or the government, their electoral right must still be in place.  Committing a crime against life or property does not mean that one renounces his citizenship.  However, this may still have to be worked out through lobbying and legislation first.  In fact, freed ex-convicts in several states have just won back their right to vote.  (Moore)  The right to free expression must also be respected even while they are spending time in prison for as long as this does not violate public interest.

The US Constitution and not just the implementing laws should lay the bases in determining the civil liberties that convicts may continue to enjoy.  Laws have been made in the different states but many of these are based only on what is expedient at the time of formulation. Although these did not counter the charters principles, these made its interpretation looser.  Therefore, in ascertaining what civil liberties can convicts still enjoy, the basic principles of the US constitution itself must be the standard.