NCJ Number
14004
Journal
University of Cincinnati Law Review Volume: 43 Issue: 1 Dated: (1974) Pages: 101-132
Date Published
1974
Length
32 pages
Annotation
CURRENT METHODS OF MAINTAINING PRISON DISCIPLINE, PSYCHOLOGICAL RESEARCH ON PUNISHMENT, AND JUDICIAL TREATMENT OF MENTAL CRUELTY IN EIGHTH AMENDMENT CLAIMS.
Abstract
PRESENT PRACTICES OF DISCIPLINE MAINTENANCE ARE REVIEWED AND THEIR PSYCHOLOGICAL EFFECTS NOTED. WHILE THE SUPREME COURT HAS NEVER DECIDED A PRISON DISCIPLINE CASE UNDER AN EIGHTH AMENDMENT CLAIM OF CRUEL AND UNUSUAL PUNISHMENT, THE DEVELOPING TREND IN THE LOWER COURTS HAS BEEN TO RECOGNIZE THE ISSUE OF MENTAL CRUELTY IN EIGHTH AMENDMENT CLAIMS. IT IS SUGGESTED THAT MINIMUM STANDARDS FOR PSYCHOLOGICALLY AND CONSTITUTIONALLY ACCEPTABLE DISCIPLINARY MEASURES BE ADOPTED BY THE CORRECTIONAL SYSTEM AND THE COURTS.