NCJ Number
141970
Journal
American Journal of Criminal Law Volume: 20 Issue: 1 Dated: (Fall 1992) Pages: 163-175
Date Published
1992
Length
13 pages
Annotation
This analysis of an appellate court decision denying that an inmate's exposure to second-hand tobacco smoke is a form of cruel and unusual punishment focuses on United States Supreme Court decisions regarding conditions of confinement and proposes a new approach that would both protect inmates and satisfy the requirements of the ruling in Wilson v. Seiter.
Abstract
In Steading v. Thompson, the Court of Appeals for the Seventh Circuit held that Illinois State prison officials did not violate the Constitution by failing to protect inmates from the health risks associated with environmental tobacco smoke (ETS). The Court based its decision on the Supreme Court's ruling in the Wilson case, in which it held that inmates must show a culpable state of mind on the part of prison officials to claim that their conditions of confinement constituted cruel and unusual punishment. However, the Steading decision denied prison inmates their basic rights to health and safety in confinement. It mistakenly applied a "purposeful" standard of intent on the part of prison officials. However, this standard is much more demanding than the "deliberate indifference" standard that the Wilson decision established. The Supreme Court may soon settle the issue with its forthcoming decision in Helling v. McKinney. Footnotes