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Initial Intake Hypo, Coursework Example
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There are two main issues in this hypo: the issue of gender sensitivity and the issue of how inmates are treated at Sleepy Hallow. The ACLU could bring forward complaints on; Why inmates of the same gender were locked in the same jail room?:This could be a very serious complaint if brought forward because it could result to such repercussions as rape within the jail room, gender violence among other gender based issues. The ill treatment of inmates at Sleepy Hallow Jail: Organizations like ACLU are very keen on human rights. Inmates have their own constitutional rights which are very specific and well illustrated one of which is the presumption of innocence until proven guilty. On arrive to a jail for holding they should be treated with outright respect and composure. These complaints if forwarded to the media could be very difficult to deal with especially because they involve the issue of human rights. The may claim: that the Lieutenant be laid off, compensation of some value and/or a public apology.
The decisions I made and the nature and type of claims ACLU may decide to bring forward would be presumed directly related until there is an investigations as to the options the lieutenant had at the particular moment.
Some decisions that would have been made differently would include: treating the inmates with a bit more human dignity irrespective of their condition at hand and be more careful not to lock in male and female inmates together.
Jail administrators should have both a male and a female officer on watch to avoid gender sensitive issues from arising. Also the processing in of inmates could be upgraded to the use of modern technologies to help identify inmates and finally installation of cameras to avoid false complaints.
Housing Assignment Hypo
As trained lieutenant then I would follow the policy that suggests housing of inmates according to their gender of birth and not the gender as they stated, also this would avoid cases of sexual assault that may arise due when inmates with different gender genitals are housed together. This in mind Antoinette Jones and Michael stock would be housed in the male units while Andrea Vitocalli and Susan Grant would be housed in the female units. The complaints that may be forwarded by the ACLU will mainly focus on the treatment of the inmates as not according to their stated gender and the media will see that as a good enough ground to make the case public
There would be no relationship between the case and the decisions made simply because the lieutenant followed the legal procedure as at the time.
There was nothing different I could have done however the jail administrators should set a clear policy on how to handle trans-gender situations.
Sex Assault Hypo
ACLU’s claims could be based on the housing of inmates without putting into consideration stated gender. For instance they may claim that the lieutenant should have looked at their physical appearance and used the spirit of the law to make the decision. The may claim that appearance could be the reason why the other inmates decided to attack and may be sexually assault Michael stock. Also that Michael stock did not feel comfortable in the unit ‘he’ was placed should have been taken more seriously. ACLU could state; it was unconstitutional and a violation of civil rights for the lieutenant to ignore the inmates’ right to ask for a unique consideration and in this case the consideration was more than reasonable.
The decisions made by the lieutenant have a unique relationship with the claims made mostly because the inmate complained and the complaint was ignored. However the lieutenant acted in good faith to avoid an assault that still occurred and this may weaken the case.
The lieutenant could have taken into consideration the uneasy feeling presented by Michael stock especially considering that ‘he’ appeared female in a male housing unit.
Medical Care Hypothetical
Some of the claims that ACLU could bring forward is that an inmate is entitled to medical care as long as they are in custody. Also the current condition of Michael stock was acquired I n custody. However it would be important to note that the sex reassignment surgery (SRS) was predetermined and schedule for way before Michael Stock was caught by the police and brought to Sleepy hallow jail.
Having carefully considered the stakes the recommendation is that the inmate offered medical care for any illness acquired during their stay at Sleepy Hallow jail which does not include the SRS. Michael Stock. He is taking advantage of the system and if the prison is to take the burden of fully funding his surgery it would be at the expense of all the other inmates considering how costly it is. However the surgery is vital and therefore the prison is willing to bare half of the cost.
This decisions may lighten up the claims by the ACLU and make the cost more bearable for the prison administration to help Michael stock. However, the prison administrators may be concerned by the cost and the way henceforth to amend the policy entitlement of medical care by inmates to be more specific and detailed lest others just like Michael stock take advantage of the system.
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