Sexual Assault in Prison Research Paper Example | Topics and Well Written Essays - 750 words

Sexual Assault in Prison - Research Paper Example Prison violence includes rape, gang fights, duty manipulation and death as a resultant. The paper will be a focus on rape as a form of prison violence. Rape cases are familiar in all genders. However, masculine prisons record the highest number of prison rape victims. Rape is defined as the act by which sexual relations are obtained through physical force, threats or intimidation. The rate of prison rape cases have grown significantly in recent years. The issue has become sensitive that special groups have been given the mandate to find lasting solutions. Sexual violence in male prisons is a very sensitive issue when being tackled within the prison. Due to fear of being raped, victims and fellow prisoners choose not to report cases of rape. It is found that under assurance of secrecy and security, prisoners give out information on their sexual experiences while in prison, (Smith, pp. 97). For instance, there was a prisoner interview held in the Philadelphia correctional facilities. I n the exercise, 3,304 prisoners were interviewed. 156 prisoners interviewed admitted to be victims of sexual violence. This gives about 4.7% of the prisoners in the institution. This can lead to an assumption that the rape cases are no different for the past prisoners in the institution. ... In another report, a prison in Nebraska has the highest rate of staff-inmate sexual abuse of 12.2%. September 4th 2003: The day when the National Prison Rape Elimination Commission was founded under the Prison rape elimination act of 2003. The commission was issued with the mandate of the detection, analyzing and finding solutions to reduce prison sexual abuse. With the commission, abused prisoners are able to step up and report these cases of abuse. Rather than having the feeling of justice being done, it also gives them psychological confidence. Boosting psychological confidence of a sexual victim is the first way to recovery and forgiveness. Human right groups also influence greatly on the cases of prison abuse. These agencies may force a prison reshuffle and provision of medical care that the victims must be provided with. Agencies also push for prison staff alignment. With a proper and just prison staff, the welfare of prisons will be in good hands. This will also reduce the num ber of staff-inmate abuse. To curb this menace, a proper program and design should be established and implemented. The design should be able to rattle all stakeholders in prison facilities. The program should cover from top shelf management, to the bottom prison guard and warden. The design should be in a way that inmate-staff manipulation will be stopped. The design should mostly focus on prison management. With a proper management, there will be a proper staff and, hence, a proper open environment in the prisons. Most of all, the design should be able to give sexual abuse victims the room to report the incidences. After the report has been filed, the design should be able to find the appropriate way to

Strict Liability Essay Example | Topics and Well Written Essays - 2500 words

Strict Liability - Essay Example The present study would focus on a strict liability offence is defined as one where â€Å"no mens rea need[s] be proved as to a single element in the actus reus†. Strict liability is also apparent when it has at least one element in the actus reus, even without the related mens rea. Strict liability lacks the mens rea element in relation to one of more elements related to actus reus. One of the classic examples of this case was seen in the R v Prince case where the conviction was based on the fact that the Offences against the Person Act 1861 were violated. In this case, Section 55 stated that whoever was to take an unmarried girl, one below the age of 16 years, out of the possession and against the will of her father or mother would be strictly considered liable for a misdemeanour. Strict liability is sometimes used interchangeably with absolute liability. As such, confusion is often seen between these two terms. Nevertheless, it must be understood that absolute liability ref ers to the liability without mens rea in conjunction with actus reus and without any defence like duress or compulsion â€Å"other than the fact that the defendant is under 10†. Strict liability is the liability imposed regardless of mens rea (in relation to actus reus); on the other hand absolute liability is liability even with the lack of mens rea (in conjunction with actus reus) â€Å"without the availability of any defence other than the defendant is under 10†. ... 141). Strict liability is the liability imposed regardless of mens rea (in relation to actus reus); on the other hand absolute liability is liability even with the lack of mens rea (in conjunction with actus reus) â€Å"without the availability of any defence other than the defendant is under 10† (Oxford University, n.d, p. 141). In instances when a state has favourable reasons for wanting to reduce certain acts and incidents, the reasons behind such prohibition may be associated with the harm principle, where incidents which would cause harm are being prevented. An example of an act which may be regulated by the state is driving. This is an act which can be defined without having to refer to a mental element (University of Pennsylvania, 2003). There may however be instrumental reasons which can be used to define the prohibition and regulation of the act as a strict liability act. In reviewing the benefits of imposing strict liability, a benefit may be seen in terms of cost. B ased on administrative assessments, costs before and during the adjudication of a case would likely be reduced with the application of strict liability policies (Oswald, 1993). The elements which have to be proved and tried in court would be reduced and issues encountered also largely minimized. The element of cost is significant because criminal justice often racks up significant costs (Page, 1986). If states would require proof for the commission of any offence in compliance with the elements of actus reus, the implementation of criminal justice would be largely unaffordable and significantly challenging for both the offended parties and the state. Strict