Download Constitutional Rights of Prisoners by John W. Palmer PDF

By John W. Palmer

This article info serious info on all features of legal litigation, together with info on trial and attraction, stipulations of remoted confinement, entry to the courts, parole, correct to scientific reduction and liabilities of criminal officers. Highlighted subject matters contain program of the american citizens with Disabilities Act to prisons, safety given to HIV-positive inmates, and activities of the preferrred court docket and Congress to stem the stream of criminal litigation. half II includes Judicial judgements when it comes to half I.

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Bennett, Director of Federal Prisons from 1937 to 1964, testified during the trial of Jackson v. 3 —Judicial Treatment of Corporal Punishment Until the late 1960s, cases could be found which held that corporal punishment was not cruel and unusual punishment. In United States v. Jones,48 the director of a Florida convict camp was charged with deprivation of the civil rights of several prisoners, whom he allegedly assaulted and whipped. The district court, relying strongly on the proposition that the administration of state penal institutions was a matter of exclusive state jurisdiction, held that a prisoner has no constitutional right to be free from corporal punishment.

Force, in this connection, means any physical force directed toward another, either by direct physical contact or by the use of a weapon such as tear gas, chemical mace, a billy club, or a firearm. Earlier in our jurisprudential history, all excessive force claims were analyzed under a single substantive due process standard. ”1 These principles were changed by Graham v. 3 It ruled instead that excessive force claims must be examined under the standard applicable to the specific constitutional right allegedly violated, which in most instances will be the Fourth or Eighth Amendment (the main sources of individual protection under the Constitution against physically abusive official conduct).

4) Corporal punishment is easily subject to abuse in the hands of the sadistic and unscrupulous. (5) Where power to punish is granted to persons in lower levels of administrative authority, there is an inherent and natural difficulty in enforcing the limitations of that power. (6) There can be no argument that excessive whipping or an inappropriate manner of whipping or too great frequency of whipping or the use of studded or overlong straps all constitute cruel and unusual punishment. But if whipping were to be authorized, how does one, or any court, ascertain the point which would distinguish the permissible from that which is cruel and unusual?

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