PENAL INCARCERATION AND CRUEL AND UNUSUAL PUNISHMENT

• NCJ Number: 11895
• Journal: South Carolina Law Review Volume: 25 Issue: 4 Dated: (NOVEMBER 1973) Pages: 579-603
• Author(s): W S MCANINCH
• Date Published: 1973
• Length: 25 pages
• Grant Number(s): NI-70-048
• Sponsoring Agency: US Dept of Justice; US Dept of Justice NIJ Pub
• Corporate Author: University of South Carolina
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

ANALYSIS OF STATE AND FEDERAL CASES CONCERNING CONDITIONS, PRACTICES AND DISCIPLINARY MEASURES CHALLENGED AS VIOLATING THE EIGHTH AMENDMENT.

Abstract

IN ORDER TO BE JUDICIALLY CONDONED, BOTH PUNATIVE AND ADMINISTRATIVE SEGREGATION MUST BEAR SOME RELATION TO A LEGITIMATE REASON FOR THIS MANNER OF DETENTION. COURTS WILL CONSIDER THE LENGTH OF SUCH INCARCERATION, UNSANITARY CONDITIONS, OVERCROWDING, EXTREME TEMPERATURES, AND GROSSLY INADEQUATE DIETS TO DETERMINE IF SUCH PUNISHMENT IS 'CRUEL AND UNUSUAL' IN ADDITION, COURTS ARE BECOMING MORE RECEPTIVE TO EIGHTH AMENDMENT ARGUMENTS WHERE THE PRISONER CAN PROVE THAT HIS OPPORTUNITIES FOR PHYSICAL ACTIVITY, EXERCISE OF RELIGION, AND INTERACTION WITH OTHER INMATES HAVE BEEN RESTRICTED AND WHERE NO SHOWING OF COMPELLING GOVERNMENTAL INTEREST HAS BEEN MADE. CONDITIONS OF OVERCROWDING, LACK OF SANITATION, AND LACK OF PROTECTION FROM INMATE ASSAULTS, IF SO SEVERE AS TO BE SHOCKING TO THE CONSCIENCE OF CONTEMPORARY HUMANITY, MAY BE DEEMED UNCONSTITUTIONAL.