Prison, Abortion, Constitutional Rights???

vraiblonde

Board Mommy
PREMO Member
Patron
And why do we want prisoners procreating? :confused:

Yay abortion! Abortion for ALL inmates, not just the rich and powerful!

:attica: :attica:
 

Nickel

curiouser and curiouser
sleuth said:
:confused: Now, I thought once you went to prison, your Constitutional rights were forfeited. :confused:
:killingme

You don't know nothing about Constitutional Rights until you go to prison. My dad was a corrections officer in a maximum security prison. He said 75% of the prisoners studied the constitution day in and day out. :ohwell:
 
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sleuth

Livin' Like Thanksgivin'
That's a great point... but I'm not really concerned about the abortion issue here.

But... I'm interested in the Constitutional rights for prisoners issue. So are prisoners given Constitutional rights now?
 

BuddyLee

Football addict
sleuth said:
That's a great point... but I'm not really concerned about the abortion issue here.

But... I'm interested in the Constitutional rights for prisoners issue. So are prisoners given Constitutional rights now?
Good question, a quick google search turned up this... http://www.law.cornell.edu/topics/prisoners_rights.html

<CENTER>prisons and prisoner's rights: an overview

</CENTER>

Federal and state laws govern the establishment and administration of prisons as well as the rights of the inmates. Although prisoners do not have full Constitutional rights they are protected by the Constitution's prohibition of cruel and unusual punishment (see Amendment VIII). This protection requires that prisoners be afforded a minimum standard of living. Prisoners retain some other Constitutional rights including due process in their right to administrative appeals and a right of access to the parole process. The Equal Protection Clause of the 14th Amendment has been held to apply to prison inmates. Prisoners are therefore protected against unequal treatment on the basis of race, sex, and creed. Additionally, the Model Sentencing and Corrections Act provides that a confined person has a protected interest in freedom from discrimination on the basis of race, religion, national origin, or sex. Prisoners also have limited rights to speech and religion.

State prisoners have no rights to particular classifications under state law. Courts are extremely reluctant to limit the discretion of state prison officials to classify prisoners. (Classification, as it is used here is meant to describe the custodial classification of a prisoner once he or she is convicted -- i.e.: maximum vs. minimum security, solitary confinement, etc.) Congress has given federal prison officials full discretion to control prisoner classification as affecting conditions of confinement. Generally, such matters are left to the control of the Federal Bureau of Prisons.

Courts tend to give deference to prison officials regarding prisoners' rights. So long as the conditions or degree of a prisoner's confinement are within the sentence and not otherwise violative of the Constitution the due process clause does not require judicial oversight. For prison regulations that do impinge on inmates' constitutional rights, the strict scrutiny test does not apply. Rather, the rational relationship test is used (the lowest level of judicial scrutiny -- the test is whether there is a rational relation to a legitimate state interest).
 

sleuth

Livin' Like Thanksgivin'
BuddyLee said:
Good question, a quick google search turned up this... http://www.law.cornell.edu/topics/prisoners_rights.html
Ok... so who decides what Constitutional rights they are entitled to?
And how is it that having that the abortion right falls under "minimum standard of living" if that's what they're using? I assume it has to do with their rights to receive medical care. :shrug:

Where's our resident legal geniuses? :confused:
 

Bustem' Down

Give Peas a Chance
It should be a state issue. It's a state correctional facility and if they want a baby let them have it. Thier state law states that taxpayer money cannot be used for abortion.
 
Bustem' Down said:
It should be a state issue. It's a state correctional facility and if they want a baby let them have it. Thier state law states that taxpayer money cannot be used for abortion.
The article says she has her own money for the abortion. The costs to the state would be for transportation and guards.
 

Bustem' Down

Give Peas a Chance
kwillia said:
The article says she has her own money for the abortion. The costs to the state would be for transportation and guards.
That's still providing for it. Ask some hard core pro-lifers if they would like thier tax money to go to transporting someone to an abortion.
 
B

Bruzilla

Guest
Bustem' Down said:
That's still providing for it. Ask some hard core pro-lifers if they would like thier tax money to go to transporting someone to an abortion.

I'm with Bustem on this one. If the law is no tax dollars can be used to provide an abortion, then that's the law... maybe something else to consider before getting laid in prison.

As for me, I would like to see most prisioners get retroactive abortions... gee, maybe that's a better way to sell the death penalty to Liberals.
 

2ndAmendment

Just a forgiven sinner
PREMO Member
This is another example of the feds usurping the powers of the states. It is none of the feds business.
 

Bustem' Down

Give Peas a Chance
2ndAmendment said:
This is another example of the feds usurping the powers of the states. It is none of the feds business.
Yup, last I checked there's nothing in the constitution pertaining to the abortion rights of prisoners.


Revolution my brothers! Take the power back!
:lol:
 

2ndAmendment

Just a forgiven sinner
PREMO Member
Bustem' Down said:
Revolution my brothers! Take the power back!
:lol:
That is probably what Thomas Jefferson would advocate.
"What signify a few lives lost in a century or two? The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. It is its natural manure." --Thomas Jefferson to William Stephens Smith, 1787. ME 6:373, Papers 12:356
 

UrbanPancake

Right=Wrong/Left=Right
Don't forget there is a child at stake here

sleuth said:
Ok.. so the Supreme Court has ordered the state of Missouri to transport a prisoner to the hospital to have an abortion, because to deny her of the abortion would violate her Constitutional rights.

link: http://today.reuters.com/news/newsA..._01_MCC761231_RTRUKOC_0_US-COURT-ABORTION.xml

:confused: Now, I thought once you went to prison, your Constitutional rights were forfeited. :confused:

Often we gather around the labels of pro-choice, or pro-life and forget to remember that there is a child involved in this situation.

Let's presume that she has the child, well where will it go? Will it be loved? Will it have all the opportunities that you and I have? Will it have financial support? Most people don't ask these important questions which need to be asked.

If the child is born its mother will be in prison, unable to provide the love and support you would expect from a mother. Most likely the father doesn't want any part of this situation that he took part in producing. So now the child doesn't have a mother or a father. So the child will be placed into a foster home. Most likely this child will depend on social programs for the rest of its life. (Most on the right detest these social programs)

Ultimately it is the choice of the mother because it is her body, and her family is willing to finance the procedure at no cost to the state.

In the long run it is cheaper for the state to transport her to the clinic than to support this child through expensive social programs for the rest of its life.
 

Larry Gude

Strung Out
Well...

well where will it go? Will it be loved? Will it have all the opportunities that you and I have? Will it have financial support? Most people don't ask these important questions which need to be asked.

If the child is born its mother will be in prison, unable to provide the love and support you would expect from a mother. Most likely the father doesn't want any part of this situation that he took part in producing.

...when you put it that way, you're right; let's kill it!
 

ylexot

Super Genius
AAAAAAAAAAAAARRRRRRRRRRRGGGGGGGGGGGGGGHHHHHHHHHHHHHH!

UrbanPancake is back!

(luckily for me, its still on iggy so I don't have to read it's idiotic statements) :biggrin:
 
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