Prisoners Constitutional Rights


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There have been conflicts between safeguarding the constitutional rights of a prisoner and the states authority to go against those rights for citizens interests and its own interests. This essay will give an examination of the conflict.



Fundamental human rights are also known as individual rights, which include freedom of movement, expression and association. It is however common for conflicts to arise in the course of exercising individual rights, especially regarding prisoners. Expression of these individual rights on a prisoner may lead to breaching of law and order in that, the prisoners may pose a threat to citizens.

When this happens, the public order act comes in to place in order to protect the rights of the state and citizens interests. The public order law enables the suspension of individual rights by the state on the grounds of maintaining law and order (Schmalleger, 2003).

A good example of a public order act where the state is forced to abridge individual rights is during a curfew. The other example is notification rules regarding sexual offenders whereby the citizens or public safety need to take precedence over the individual rights to privacy for the sex offenders.

The other example is the freedom of religion, which should be accorded to all citizens unless the beliefs infringe or go against the rights of other citizens. Religious beliefs that allow followers to kill other people should be deprived of the freedom of religion since this is an infringement of citizens rights (Day, 2008).

In conclusion, it is always recommendable to give precedence to public safety over individual rights in cases of conflicts.



Day, A. (2008). Religion and the individual. Practice, belief, identity. Ashgate Publishing, Ltd


Schmalleger, F. (2003). Criminal justice today. An introductory text for the twenty-first century. Prentice Hall


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