Ethical Treatment of Prisoners the Treatment of Essay

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Ethical Treatment of Prisoners

The treatment of a society's prisoners has been an issue of debate for centuries. The emotions surrounding such treatment are considerable and reaching a consensus on the best and fairest method is often difficult. Torture is considered illegal in most civilized societies and, therefore, in order to maintain an acceptable level of treatment an alternative and more humane approach must be established (Filter, 2000).

There presently exist two leading schools of moral thought: utilitarianism and deontology (Gibbs, 1977). Despite what has been characterized as great differences between the two schools they seem to agree on most substantive issues.

Utilitarianism argues that the right action is the one, out those available, that maximizes one's total happiness. In the prisoner treatment situation this results in considering the emotional pain, physical discomfort, expense, and time involved in housing the prisoner against the advantages garnered by society such as retribution, justice, removing bad individuals from society, and revenge (Bentham, 1988). Followers of the utilitarian school belief that actions should be taken that result in the least possible human suffering for the greatest number. This concept is described by Jeremy Bentham, founder of the utilitarian approach, as "the greatest good for the greatest number." Bentham analysis of any moral situation is to take into account the intensity, duration, certainty or uncertainty, propinquity or remoteness, fecundity, purity, and extent of actions and measure them against the greatest good/greatest number principle (the Principle of Utility).

Based on this basic approach to morality, the utilitarian approach to imprisonment and the ethical treatment of prisoners is one of moderation. Utilitarianism is concerned with consequences. A utilitarian approach seeks to maximize total utility and is often referred to as involving a cost-benefit analysis wherein moral decisions are based on a balancing between these two factors. These costs and benefits can be economic, social, or human. This type of results-oriented ethical reasoning tries to determine whether the overall outcome produced more good than harm- more utility or usefulness than negative results.

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A major problem develops when using the utilitarian approach to prisoner's rights and treatment. The main drawback to the utilitarian approach is the difficulty in accurately measuring both costs and benefits. Some aspects of prisoner treatment can be quantified such as feeding, housing, and clothing them but other aspects such as the value of justice, fairness, and humaneness do not lend themselves to monetary measurement. Another limitation to this approach is that it tends to favor the considerations of the majority (society in general) over the rights of the minority (prisoners).

Deontology tends to focus more closely on the rights of individuals. This approach, whose most fervent advocate is Immanuel Kant, and its attention to individual rights guarantee that equal respect is given to all persons (Kant, 2010). Applying a deontology approach to the treatment of prisoners, actions that violate the rights of even one individual, one prisoner, will be rejected as morally wrong regardless of what benefit may be enjoyed by the majority. In contrast, utilitarianism would allow such action in the spirit of maximizing overall benefits. Utilitarianism is concerned with ends. Deontology is concerned on means.

Proponents of deontology believe that all human beings have certain moral entitlements that must be always respected. These entitlements guarantee to all individuals life's basic personal rights (life, freedom, health, privacy, property). Under deontology, a right means that a person is entitled to something or is entitled to be treated in a certain way. Denying anyone these basic human rights for a deontologist is considered to be unethical. Respecting others, even those whom we consider undesirable or evil, is the essence of human rights and everyone deserves to be treated as valuable simply because they are human. Using or abusing….....

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