Posted: September 9th, 2022

Since COVID-19 was declared a pandemic

Describe how Martial Law affects the US Corrections system. What changes in Corrections when Martial Law is enacted? Describe the effects of a Pandemic like this one on the corrections systems. For example: some States are releasing prisoners early, look into why States are doing this and explain why this would be a good or bad Idea.

Martial Law
Since COVID-19 was declared a pandemic, Americans have gone into a frenzy over speculations of Martial Law being enacted. However, most of these claims have been put down as mere rumors (Lamothe, 2020). In definition, martial law is when the military takes over the law and the people instead of the regular civilian government operations. During such times, the people’s rights are suspended so that the military can operate in the way they see fit to save the nation. Reasons such as freedom of movement, search warrants, unlawful imprisonment, and freedom of speech are put on halt momentarily. Restrictions are implemented and anyone who violates the orders of the military is arrested. Even though the law seems extreme, it is necessary if the pandemic gets out of hand. Sometimes, the set law is not enough for emergency management, which calls for spontaneous and abrupt ideas to fight the enemy.
Martial law goes hand in hand with the Writ of Habeas Corpus. In the event that martial law is enacted, the U.S. corrections systems are affected by the suspension of the Habeas Corpus. It is the Habeas Corpus that requires an arrested individual to be brought before a judge unless there is enough reason to continue detaining him/her. Article 1, Section 9 of the constitution states that Habeas Corpus can be suspended if the safety of the public is at stake. This concept of law demands that the government show the need to suspend all U.S. corrections procedures reasonably. Once martial law is enacted, the writ of Habeas Corpus is suspended, meaning that the roles of the U.S. corrections are interfered with. Only Congress can declare martial law and announce a suspension of the writ as it is a power granted to them (Lamothe, 2020). President Donald Trump can only declare martial law, but he will need the approval of Congress to enact the act alongside a suspension of Habeas Corpus. If Congress rejects the proposal, there will ensue a conflict with the Executive Branch that is only solvable by the Judiciary. If martial law is successfully declared, the right for a person to contest their imprisonment before a court of law is suspended.
Martial law has the ability to change various elements of the corrections system. It is not only the issue of appeals for prisoners or arrested individuals. The military takes over the law, and they can restructure it to fit the objectives of fighting the virus. Issues ranging from prison release, detention and even executions may take place as per the power of the military. However, it is essential to note that the goal of the military is to contain and eradicate the enemy and not oppress its citizens (Lamothe, 2020). The way correctional officers take orders will change since it will be the army giving directions and not the law enforcement department. Chances are high that executions will not take place but releases may be sanctioned based on the level of offense a prisoner had committed. However, if during the period an offender is tried and found guilty of a capital crime, they will be executed without any consideration of human rights. Maximum security offenders, however, will not experience much change and will continue to be under lockdown since martial law is mainly intended for the free public population. It is only reasonable if changes occur in corrections so that the military can operate in its full power.
A pandemic like a coronavirus is expected to have adverse effects on the corrections system. Even without martial law, there are roles of the federal and state criminal justice systems that have been altered. The coronavirus is a highly infectious disease that can be transmitted from one person to another through contact with body fluids. These bodily fluids include saliva, mucus, and even sweat. The adaptability of the virus in various hosts increases the chances of the illness rapidly spreading from one host to another. The best way to contain this virus is to minimize interactions, which is a difficult thing to achieve through corrections systems (Schwartzapfel, 2020). The roles of the system include monitoring incarcerated individuals, parole, and probation. This means that prison officers and rehabilitation officers will have to distance themselves from the offenders. In prisons, the congestion of the inmates’ calls for changes in daily routines to maintain social distancing. Meanwhile, issues such as parole and probation are facing changes since most people are being advised to stay home (Schwartzapfel, 2020). At the moment, only high-risk cases are being tested for drugs to minimize the number of interactions. Otherwise, only a few home visits and check-ins are taking place. Relatives of prisoners who have been granted parole feel that now is the time for the government to act on these actions.
It is a good idea for States to release some of their prisoners early. Jails and prisons are hotbeds for harboring all kinds of illnesses, and corona is one of them. Recently, the report has surfaced from Texas concerning the increasing number of coronavirus positive tests within prisons. More than 190 prisoners have already tested positive in Texas prisons, and the rural-based prisons are in fear of an outbreak. Already, American hospitals are overwhelmed by the number of COVID-19 patients to attend to (Schwartzapfel, 2020). Prisons rarely adhere to social-distancing, and confining prisoners within such a small cell is not healthy either. States that have started releasing prisoners are enabling each unit to practice social distancing since thousands of prisoners often share rooms with each other. America is willing to test its parole system during this pandemic. Proper evaluation is taken into consideration before releasing prisoners for parole. There are already many prisoners on parole that can be released to finish their programs outside. Some claim that detaining these prisoners is like warranting their death sentence.
In conclusion, COVID-19 possess challenging times that need critical thinking to save the nation as well as those who are helpless and behind bars. If at all the situation gets out of hand, martial law may be declared. Americans should then brace themselves for suspension of their rights such as freedom of movement due to curfews. The military will decide which code to implement and which ones to suspend. During this time, the corrections system will be significantly affected in hopes of restoring peace to the nation. Currently, States are trying to minimize infections within crowded prisons by releasing non-violent offenders, prisoners who have been granted parole, and those who are a few months to finishing their time. Coronavirus can, at the moment, be considered as an enemy of the nation based on the number of lives it has claimed. Adjustments to the federal and state criminal justice systems are necessary to contain the virus at minimum infections.
References
Lamothe, D. (2020). U.S. Combats martial law conspiracy theories as the National Guard assists in coronavirus response. The Washington Post. Retrieved from https://www.washingtonpost.com/national-security/2020/03/23/us-combats-martial-law-conspiracy-theories-national-guard-assists-coronavirus-response/
Schwartzapfel, B. (2020). Probation and Parole Officers are Rethinking Their Rules as Coronavirus Spreads. The Marshall Project. Retrieved from https://www.themarshallproject.org/2020/04/03/probation-and-parole-officers-are-rethinking-their-rules-as-coronavirus-spreads

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