HEALTH CARE IN JAILS - LEGAL OBLIGATIONS TO THE PRE-TRIAL DETAINEE

• NCJ Number: 41843
• Author(s): W P ISELE
• Date Published: 1977
• Length: 7 pages
• Grant Number(s): 75-12-01-03
• Sponsoring Agency: US Dept of Justice
• Corporate Author: American Medical Assoc
• Sale Source: American Medical Assoc
• Language: English
• Country: United States of America

Annotation

THIS BRIEF PAPER DISCUSSES THE IMPLICATIONS OF THE 1976 U.S. SUPREME COURT CASE ESTELLE V. GAMBLE, WHICH HELD THAT THE EIGHTH AMENDMENT REQUIRES THE STATES TO PROVIDE MEDICAL CARE FOR PERSONS WHO ARE INCARCERATED.

Abstract

WHILE NCJ-41842 EXAMINED THE LEGAL REQUIREMENTS OF THE RIGHT TO MEDICAL CARE APPLICABLE TO PRISONERS IN GENERAL, THIS PAPER CONSIDERS THE POSITION OF THE PRETRIAL DETAINEE IN REGARD TO MEDICAL CARE. BECAUSE HE HAS NOT YET BEEN CONVICTED OF A CRIME, IS ANY GREATER DUTY OWED TO THE DETAINEE THAN TO THE CONVICTED PRISONER? RELEVANT CASES ARE CITED AND EXPLORED IN THE SHORT ANALYSIS.