NCJ Number
196800
Date Published
1999
Length
15 pages
Annotation
This chapter examines the legal issues surrounding the use of force in corrections.
Abstract
Focusing on the Eighth Amendment prohibition on cruel and unusual punishment, this chapter, addresses legal issues concerning the use of force in the correctional field. After describing the Eighth Amendment to the Constitution and how courts have employed standards and tests in order to determine whether a punishment is cruel and unusual, the authors describe the frequent use of corporal punishment in the past. Focusing on contemporary issues, this chapter describes the five conditions in which corrections personnel may use force against inmates. These situations are: in self-defense, in defense of others, to enforce prison rules and discipline, to prevent criminal activity, and to prevent prison escape. Following a discussion of reasonable force, the authors describe the use of deadly force and less than lethal force, in addition to presenting correctional office liability. Focusing on Section 1983 actions and State Tort Law, this chapter concludes by presenting a discussion of both prisoner rights and corrections personnel responsibilities in the legal use of force.