The ethics of caring for the well being of prisoners is very complicated. The low social statuses of prisoner’s means they are excluded from the mainstream of society. They experience stigma and discrimination behind bars and are often regarded as "unworthy" in the general community. This paper will identify the ethical issues and problems prisoners face in the areas of harsher punishment and abuse, and how utilitarianism and relativism plays a vital role in resolving some of the ethical issues in prisons.
Imprisonment as punishment for crimes was first used during the sixteenth century in Europe. Prior to that, criminal correction usually consisted of enslavement or swift physical punishment such as whipping or execution. According to Michael Hardy (1998) prison was conceived as a more humane response to criminal behavior. Europeans established colonies in America in the seventeenth century and they continued the practice of imprisoning those convicted of crimes (Hardy, 1998).
During the colonial era, the number of Americans in prison made up a small, barely noticeable segment of the population. Today, this has changed dramatically. According to statistics from the Department of Justice’s Bureau of Justice, if incarceration rates continue unchanged, 1 out of every 20 Americans alive today will be imprisoned at some time in their lives. This is due in part to new crime laws such as “three strikes and you’re out” and tougher sentencing for drug-related offenses (Bureau of Justice Statistics, 2009). The question that needs to be addresses is, has the government ensured a universal, consistent, ethical protection for prisoners and are they provided with what’s needed to assure a fair rehabilitation?
When looking into the life of a prisoner, we see a person who has committed a criminal offense and for that reason he or she is confined to a designated place for a specified duration of time. It is up to the courts to determine if an individual is guilty of the crime or not. If found innocent, he or she is set free but, if found guilty, he or she is sent to prison or penitentiary by the courts. If a prison is suppose to be a correctional facility where law breakers are detained, then the government has a moral and ethical responsibility to honor the right of any prisoner while in custody. Though he or she may be deprived of some rights i.e. freedom of movement, other basic rights such as the provision of food, clothing and medical care all should be upheld. It is unethical to confine an individual to the correctional facility and expose the individual to danger. Denying prisoners of food or rationing of their food is not ethical.
Denying prisoners access to medical attention is also unethical as this can result to deaths, which can be avoided. The conditions of prison housing facilities are deplorable and unhygienic. It is unethical to lock any human being in housing facilities that are dirty and without basic amenities like toilets. Prisoners are expected to spend time in prison so they can change their way of life. Unhealthy sanitary conditions does not help a prisoner to have a peace of mind and recollect on the crimes he committed and the changes he wants to make in his life (Banks, 2004).
The classical theory of utilitarianism can best be used to solve the issue of unethical treatment of prisoners. Utilitarian theory states that the moral worth of an action should be determined specifically by its usefulness in maximizing utility and minimizing negative utility. Morality here refers to the behavior that differentiates the decision and intention and actions of individuals that are good or bad (Shaw, 1999). The world as a whole has a moral code on how people should conduct themselves, on what is rights and wrong. It is a worldwide fact that to commit murder is wrong, to steal is wrong, and to intentionally inflict injury on another person is wrong. The acts of the utilitarian theory can be used in prisons so as to aid the prisoners in correcting their behavior. For example, one act states that when faced with a choice, we should consider the consequence of each choice and select one that is right.
I don’t believe harsher punishment is the solution to decrease prison population. Although people are tired of crime, some politicians are advocating harsher treatment of convicted criminals. Some political leaders contend that inmates forfeit most or all of their rights the moment they enter prison and therefore are subject to measures designed to punish rather then rehabilitate. If a prisoner is charged with robbery, he will reflect on the choices he made in committing the crime that landed him in jail (Banks, 2004). The government can also apply this act to find out the best way to assist the prisoner in correcting their behavior. Torture and beatings will not correct their behavior, but will make them more aggressive and volatile. On the other hand, introduction of short courses in carpentry, masonry, tailoring etc.; will have a positive effect as the prisoners will acquire a useful skill (Shaw, 1999). The utilitarian rule states that human beings should focus on the potential rules of an action and determine what would happen if he or she follows the rules. A rule that results to happiness is morally right and should be followed. For example in a prison, rules regarding the provision of food, medication to prisoners if followed will result in a harmonious interaction between the prisoners and the security officers guarding the prison.
Many Americans though, would like to reduce or eliminate such prison amenities to cut down on prison spending and redirect that money toward fighting and preventing crime. In addition to generally reducing inmates’ privileges, many states have also developed “super-max” prisons, designed to house the most troublesome prisoners. In these facilities, prisoners spend 23 hours a day locked alone in their cells. They are allowed no contact with other prisoners and minimal contact with guards. They are offered no educational or vocational training and usually no television or reading material.
Supporters of “super-max” prisons say they are necessary tools to punish otherwise hopeless prisoners. In that same vein, officials in many prisons where violence is prevalent have acquired shock devices for control of violent or uncooperative prisoners. The perspective of relativism can be argued to how societies values and laws are based on what prisoners deserve versus what they need. This argument highlights the best course for inmates when they return from prison and how prepared they will be to re-enter the job market, interact with family and have balanced relationships. In order for this to be achieved successfully, some form of rehabilitation and counseling while in prison will give prisoners a better chance to live after their release.
Concerns about abuse are another side to the treatment of inmates. Supporters of prisoners’ rights contend that harsher punishment and stricter discipline has led to a system rife with human rights violations. In 1998, for example, Amnesty International released a report on prison conditions in the United States Titled Rights for All. According to the newly formed Concerned Coalition to Respect Prisoners' Rights, two inmates were "brutally beaten by guards" because of their involvement in a work-stoppage protest over poor prison conditions. The "demand letter," was sent to outgoing Gov. Sonny Perdue and the state's Department of Corrections, asking for better health care, for prisoners to be paid for their work and for fair parole decisions, among other things. Georgia NAACP President Edward DuBose stated that the group is asking for a response during a recent news conference (Kristi, 2011).
In addition to being concerned about physical abuse, advocates of inmates’ rights believe that privileges for prisoners are important. These individuals argue that prisoners who are denied recreation, learning, or hot meals will only become angrier, more violent, and more likely to commit another crime after their release. An example of this is a recent prisoner strike in California that gained national attention. At least 12,000 inmates across California have participated in a hunger strike. Over 3,000 California prisoners held in out of- state facilities in Arizona, Mississippi and Oklahoma have also refused food. "This is the largest prisoner strike of any kind in recent U.S. history," said Ron Ahnen of California Prison Focus. "The fact that so many prisoners are participating highlights the extreme conditions in all of California's prisons as well as the historic opportunity the state has been given to make substantial changes to SHU and Ad-Seg policies (Barker, 2011)." Prisoners’ rights advocates also criticize “super-max” prisons for the same reasons, believing that the treatment prisoners receive in these facilities only makes them more violent and less inclined towards rehabilitation. The theory of utilitarianism can be applied to this argument clearly showing that the level of abuse is clearly not in the best interest of the inmates. It clearly shows how prisoners are sometimes treated like animals and not as human beings. Instead of these actions being the best result in disciplining inmates, it turns out to be the worst course of action for individuals who are locked down behind bars. The “get tough on crime” stance that many politicians have adopted is finding its way into America’s corrections system as the prison population continues to grow. The people are tired of crime, and some politicians note this and respond by advocating harsher treatment of convicted criminals. Politicians and advocates perspective on such a debate will give way to both sides to agree and disagree which in fact will be considered relativism based on both parties ethical standards.
It is therefore best to provide the basic needs to the prisoners as a lack of it would result to riots and in serious scenarios, killing of security guards. Prisoners can also use the rules so that in the future they can determine what rules in a state or country will result to him or her living peacefully with the rest of the citizens. Learning of the rules will result to positive behavior. Rules have however been contrasted by relativism that some points do have absolute truth. For example though it is a rule not to kill, it may be necessary to do so in circumstances of self-defense.
Motive utilitarianism suggests that our first moral task is to instill in others and ourselves the inclination, skills, and mental ideologies that are likely to be most useful in an ordinary set up. Negative utilitarianism on the other hand requires us to promote the least amount of evil or harm, or to prevent the greatest amount of suffering for the greatest number (Shaw, 1999). Other contrasts include: emotivism that states that ethical statements do not express propositions but emotional attitudes. Ethical egoism states that when faced with a situation, individuals should first consider what is in their own best interest.
In conclusion, utilitarianism and relativism provides the blueprint for a solution and prospective in dealing with the ethical treatment of prisoners. Ethical egoism and emotivism contrast well with utilitarianism as it focuses on an individual treating others just as he treats himself. Relativism goes hand in hand with utilitarianism in that one should first consider if following a rule might pose a risk to himself or not. An individual might react in self -defense, although it might be considered wrong, it is understandable that the individual had no other choice and would have been harmed by the assailant. These are all factors that play into what some prisoners have dealt with before being convicted or while serving time in prison. This paper helps indentify the ethical issues and problems prisoners face in the areas of harsher punishment and abuse, therefore explaining the suggested beliefs and values society has placed on inmates who deserve to be treated with respect and dignity regardless of there convictions or years behind bars.

References

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Barker, C. (2011, December). California state prisoners continue hunger strike over living conditions. New York Amsterdam News, p. 4. Retrieved June 8, 2012, from ProQuest Newsstand. (Document ID: 2602872731).
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Hardy, M.J. (1998) Behind the Razor Wire: Portrait of a Contemporary
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Kristi, S., (2011). Group pushes prison reform: Coalition writes to Gov.-elect Deal, cites beatings. The Atlanta Journal - Constitution,p. B.3. Retrieved June 8, 2012, from ProQuest Newsstand. (Document ID: 2231576231).
Shaw, W. (1999). Contemporary ethics: taking account of utilitarianism. Wiley-Blackwell