RECENT APPLICATIONS OF THE BAN ON CRUEL AND UNUSUAL PUNISHMENTS - JUDICIALLY ENFORCED REFORM OF NONFEDERAL PENAL INSTITUTIONS

• NCJ Number: 5255
• Journal: Hastings Law Journal Volume: 23 Issue: 4 Dated: (APRIL 1972) Pages: 1111-1137
• Author(s): ANON
• Date Published: 1972
• Length: 27 pages
• Corporate Author: University of California
• Publication Format: Article

Annotation

FEDERAL AND STATE JUDICIAL DECISIONS WHICH HAVE DECLARED UNLAWFUL THE MANNER OF CONFINEMENT IN STATE PRISONS AND LOCAL JAILS EVEN IN CASES WHERE SENTENCES WERE VALID.

Abstract

RELYING ON THE FLEXIBILITY OF THE EIGHTH AMENDMENT, COURTS HAVE NOW INCLUDED SEVERAL PREVIOUSLY IGNORED ELEMENTS IN THEIR CONSIDERATION OF THE CONSTITUTIONALITY OF IMPRISONMENT. THUS THE SCOPE OF THE EIGHTH AMENDMENT HAS MUSHROOMED. JUDICIAL IMPOSITION OF INMATE POPULATION LIMITS FOR PARTICULAR JAILS HAS DEVELOPED AS A REMEDY FOR SEVERE OVERCROWDING AND ITS DETRIMENTAL EFFECTS. SEVERAL CONSTITUTIONAL YARDSTICKS HAVE BEEN ADOPTED FOR THE PURPOSE OF ELIMINATING ABUSE OF PUNITIVE SEGREGATION. UNDULY HARSH CONDITIONS OF PRETRIAL DETENTION ARE NOW OF QUESTIONABLE CONSTITUTIONAL VALIDITY UNDER THE LEAST RESTRICTIVE MEANS TEST. SYSTEMATIC DENIALS OF MEDICAL CARE AND UNSANITARY OR WHOLLY DETERIORATED PHYSICAL STRUCTURES HAVE BOTH CONTRIBUTED TO DECLARATIONS OF UNCONSTITUTIONAL PUNISHMENT. NEGLIGENT DELEGATION OF AUTHORITY TO INMATE TRUSTIES AND INADEQUATE CIVILIAN STAFFING HAVE LIKEWISE JUST RECENTLY BEEN INCLUDED WITHIN THE UMBRELLA OF EIGHTH AMENDMENT SCRUTINY. AUTHOR ABSTRACT