The Pros And Cons Of Punishment

Throughout history, society has been faced with a plethora of issues involving ideas with imprecise definitions and explanations. These ideas have been constantly reinterpreted and always remain heavily contested. Abortion, sexual harassment, and the new Health Care Reform Bill are just a few of the topics that are prominent in today’s society. Another issue is the definition of cruel and unusual punishment, and whether death by injection should be prohibited due to this phrase. The Legal Dictionary defines cruel and unusual punishment as “governmental penalties against convicted criminal defendants which are barbaric, involve torture and/or shock the public morality.” It is important to define this term because it affects the treatment of

Keeping inmates in unhygienic and inhumane conditions should be classified as cruel and unusual. This criterion also includes malnutrition and/or withholding medicine or physical care. Inmates are still humans, and deserve basic human needs and rights. Withholding help and basic needs such as food and water from inmates is both barbaric and shocking to the public morality, and are therefore cruel and unusual. In order to maintain this standard and make sure that inmates were no denied medical treatment and proper care, the Estelle test was created. This test, comprised of two components, one objective and the other subjective. Objectively, officials look to see if 1) an inmate was actually deprived of medical care, and 2) whether this inadequacy is serious to cause harm. The subjective part determines if the official denying the care is in a culpable state of mind. This test was created after the case Estelle v. Gamble, where the Supreme Court stated “that the Eighth Amendment proscribes more than physical barbarous punishments” (Leocata 1). Finally, any punishment that causes psychological damage or psychologically tortures an inmate is cruel and unusual punishment and should be prohibited. Inmates should never be kept restrained for long periods of time. This means they shouldn’t be tied down to chairs or beds, or

Solitary confinement is a just punishment, and one that should be used most often, especially in cases of bad behavior and non-cooperation from inmates. Solitary confinement is a form of punishment that everyone has experienced and grown up with, albeit on a smaller scale. Everyone has been “placed in the corner” once or twice as a child, usually for misbehaving at home or in a classroom. Solitary confinement in prisons is the same basic concept, just on an adult scale. However, I believe that rules and regulations should be placed on the punishment so it doesn’t last too long and so t isn’t abused. The following describes solitary confinement sentences for terrorism charges:

“All aspects of a prisoner 's life are continuously monitored by cameras, and he may be prohibited from exercising or even writing. Within weeks, he begins to break down mentally. His thoughts become confused, speech becomes difficult, and he can become paranoid or irrational or experience panic. Survivors describe it as mental pain akin to torture. According to the Geneva Convention III, prisoners of war should not be held in solitary for more than 30 days, but unfortunately this treaty does not apply to defendants awaiting trial who are presumed innocent” (Downs