“…The central holding of these cases seems to be that married couples have a fundamental right to be free of governmental intrusion into their decision to have sexual relations.” (Conjugal Visitation Rights, 1974, p. 401) This should apply to people who are held in prison pretrial and the “innocent until proven guilty logic should be used” and only “in the case of a notoriously desperate pretrial detainee, complete prohibition may be justified by the danger that the detainee will use the visiting spouse as a hostage in order to escape.” (Conjugal Visitation Rights, 1974, p. 406)
Third, prisons are supposed to be correctional facilities and prisoners should get all the available opportunities to be corrected. “Legislatures are continuously creating laws which are supposed to reduce crime and to make the public feel safe. However, creating statutes that abolish inmate privileges leave correctional officials with volatile prisons that serves as incubators for violence and a birthplace of subversive behavior.” (Wright, 1977) Most prisoners only serve short sentences and become a part of society once again in the future. Harsh punishment with no privileges creates more violence. This policy needs to be changed because it defeats the initial purpose of a correctional facility. (Wright, 1977)
In conclusion, the purpose of a correctional facility is fulfilled completely by conjugal visits and the benefits it provides. The aspect of strengthening family ties is the most important benefit of conjugal visits because it is in sync with the control theory that states stronger ties are the reason why people are less likely to deviate. There have been many cases regarding the privacy of marriage and no citizen should be denied that privilege without due cause. Also the facility should help the prisoner correct his or her activities so that they are better citizens once they return to society. Conjugal visits serve many benefits and should be enacted in every state.
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