NELSON V HEYNE - THE MISUSE OF TRANQUILIZING DRUGS IN A JUVENILE CORRECTIONAL INSTITUTION CONSTITUTES CRUEL AND UNUSUAL PUNISHMENT

• NCJ Number: 41006
• Journal: New England Journal on Prison Law Volume: 1 Issue: 2 Dated: (FALL 1974) Pages: 244-254
• Author(s): K R HAMM
• Date Published: 1975
• Length: 11 pages
• Corporate Author: New England Journal on Prison Law, Inc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS CASE NOTE BRIEFLY EXAMINES THE DECISION OF NELSON V. HEYNE WHICH HELD THAT THE MISUSE OF TRANQUILIZING DRUGS IN A JUVENILE CORRECTIONAL INSTITUTION CONSTITUTES CRUEL AND UNUSUAL PUNISHMENT.

Abstract

THE 7TH CIRCUIT FEDERAL COURT OF APPEALS DECIDED THAT THE USE OF DRUGS BY THE INDIANA BOYS SCHOOL SOLELY FOR THE PURPOSE OF CONTROLLING EXCITED INMATE BEHAVIOR CONSTITUTED CRUEL AND UNUSUAL PUNISHMENT WHERE POTENTIALLY DANGEROUS SIDE EFFECTS ACCOMPANY THE USE OF THE DRUG, AND COMMON MEDICAL PROCEDURES AND SAFEGUARDS ARE NOT FOLLOWED. (AUTHOR ABSTRACT MODIFIED)...MSP