Question

Discuss the Eighth Amendment’s protection against cruel and unusual punishment by responding to the following questions.

• Identify at least two examples of inmate treatment that could be considered cruel or unusual punishment.
• Do you think inmates should be protected against cruel and unusual punishment? Why or why not?
• Are there any types of convicted offenders, in your opinion, who should be subjected to cruel and unusual punishment and why?
• What problems might occur if prisons were permitted to inflict cruel or unusual punishment on inmates?

Answer 1

• Cruel and unusual punishment includes torture, deliberately degrading punishment, or punishment that is too severe for the crime committed.
• Unfortunately, the Eighth Amendment did not clearly define what “cruel and unusual” punishment would include, but the Supreme Court has held that such punishments would include, among others:
• Drawing and Quartering
• Disemboweling
• Beheading
• Public Dissection
• Burning Alive
• The Supreme Court also left open that other punishments would not be allowed, so that today, any punishment that is considered inhumane treatment or a violation of a person's basic dignity might be considered cruel and unusual. However, this treatment usually must be reviewed on a case-by-case basis by the courts.
• Although prisoners do not have full constitutional rights, they are protected by the Eighth Amendment's prohibition against cruel and unusual punishment. This protection also requires that prisoners be afforded a minimum standard of living.
• The Eighth Amendment forbids “cruel and unusual punishment” and is probably the mostimportant amendment for prisoners. It has been interpreted to prohibit excessive force and guard brutality, as well as unsanitary, dangerous or overly restrictive conditions.
• I think I agree with the amendment of not giving cruel and inhumane punishments to the inmates.This is not only morally and constitutionally dangerous; it is also bad public policy, because the prisoners being badly treated today will be back in our communities tomorrow.
• Due to time limit,remaining questions can be asked as another question,they will be answered,thankyou for your cooperation