Essay on The Eighth Amendment And The Fifth Amendment

Essay on The Eighth Amendment And The Fifth Amendment

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The eighth amendment is important for many of the people in the United States. The eighth amendment of the U.S. constitution states,” Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” In this paper, the only part that will be looked at is the cruel and unusual portion of the eighth amendment. This portion is the most important to the incarcerated within the federal and state prison systems. The eighth amendment deals with a few things with the various prison systems. First off, it deals with how much force can be used by the prison staff. Secondly, it deals with providing acceptable medical care. Lastly, it provides a way that is considered to humanely put to death individuals that have committed heinous crimes.
The Use of Force Pertaining to Prisoner Rights
Prisoners have a right to not having excessive force used against them. In Hudson v McMillian (1992), an inmate made a complaint that he was beaten. The lower courts said that because the inmate received minor injuries that it could not be a violation of his eighth amendment rights. The Supreme Court said it did not matter what injuries he received it only matters if the force is unnecessary and wantonly infliction of pain (Hudson v McMillian, 1992).
In Hope v Pelzer (1991), the prisoner was hitched to a post for hours without water or bathroom breaks. This constitutes cruel and unusual punishment that does not serve a penelogical interest. This also showed a deliberate indifference to the prisoner’s health and safety. This doesn’t mean a prison official cannot use force. Force is needed in some situation to maintain the custody and control of the prison. This just means that...

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...cts inmates from issues involving cruel and unusual punishment. It protects inmates from overbearing prison officials that are only concerned with running the operations of a prison. It protects inmates by requiring the prison to give medical treatment that improves the wellbeing of the prisoners. It also protects medical personnel from frivolous lawsuits that prisoners might bring because they did not get the treatment they wanted. And lastly it protects inmates from being sentenced arbitrarily to cruel methods of death. The many restrictions on the death penalty does also help prevent sentencing prisoners that might be innocent. All of these play a major role in the criminal justice system. This is done by alleviating some of the hardships involved in being incarcerated and making the prison safer for both the incarcerated and the people working there.

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