Assignment Scenario 2

Instructions

Scenario 2Georgia Banks was convicted of Possession of Methamphetamine, a third-degree felony, and was sentenced to five years in prison. Meth is a highly addictive narcotic which has a high potential for abuse due to severe psychological or physical dependence. Georgia became addicted while dating an abusive boyfriend who introduced her to drugs. During intake to the state prison system, the classification and risk assessment systems indicate that Georgia suffers from severe depression.Georgia is seeking counseling for her mental disorder. As a prison advocate, it is your job to research the law and write a legal brief using IRAC.Paper CriteriaYou are to write a short legal paper to demonstrate your knowledge by researching, writing, and citing the U.S. Constitutional Amendment(s) and U.S. Supreme Court cases relevant to Scenario 2 described above.To complete this assignment, you are to do the following:Determine the legal issue.Research the legal issue - see Legal Research: Finding Case Law.Identify and describe the relevant U.S. Constitutional Amendment(s).Identify and describe the precedent setting U.S. Supreme Court cases.Write the legal paper using the IRAC method - see Legal Writing: Using IRAC.Use proper Bluebook legal citations - See Legal Citation: U.S. Supreme Court Cases.Additional Paper RequirementsPaper is to be 1-2 pages in lengthThe goal is to inform the reader of the most relevant legal precedent, rather than filling pages.A title or cover page is not required and is not included in the paper length.Use standard 12-point, Times New Roman font with one-inch margins (all around), and double spacing.

Answer

Issues The issue in the case is whether Georgia, as an inmate, will be granted the opportunity to see a counselor. This is an issue that falls under a prisoner's rights to receive medical care despite Georgia being a prisoner. RulesThe right to health is not mentioned in the US constitution. However, the Supreme Court has stated that in matters involving prisoners, the government must protect such a right (Clark et al., 2017). In Estelle v Gamble's case, the US Supreme Court stated that all prisoners possessed the right to receive medical care. The fact that they are in prison cannot deny them the medical attention they may need. The Supreme Court was giving a broad interpretation to the 8th Amendment in the constitution. This Amendment provides that a prisoner shall not be treated cruelly...
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