Discussion Post:Ensuring Eighth Amendment Compliance Behind Bars
Ensuring Eighth Amendment Compliance Behind Bars
Competency Addressed in This Discussion
Competency 3: Explain the substantive and procedural interpretations of individual freedoms based on case analysis.
Competency 5: Communicate effectively in writing.
Introduction
The Eighth Amendment protects against cruel and unusual punishment. Those protections apply in a corrections setting. You are a warden at a state correctional facility. You were recently assigned to a facility with a history of complaints about abuse that could constitute Eighth Amendment violations. You want to ensure that you are clear on parameters before attempting to develop policy on use of force, confinement, overcrowding, and restraint. You need to do your research.
Using research for your state in the HeinOnline legal research database, locate two cases that provide insight into parameters of cruel and unusual punishment for those in confinement. Summarize the key takeaways from the selected cases.
Explain how you would rely on that information to develop policy and procedure to ensure Eighth Amendment compliance.
Discussion Objectives
The competencies addressed in this discussion are supported by discussion objectives.
Competency 3: Explain the substantive and procedural interpretations of individual freedoms based on case analysis.
Establish parameters for cruel and unusual punishment using case analysis from two cases.
Summarize takeaways from two cases.
Explain how the two cases would be relied upon to develop policy and procedure to ensure Eighth Amendment compliance.
Competency 5: Communicate effectively in writing.
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