the Eigth Amendment

And so we are up to amendment eight, referred to mostly as the Cruel and Unusual Punishment Amendment.  That's the part that most comes into the media spotlight, anyhow.  Certainly cruel and unusual punishment is a very important thing to be protected from, however bail is an important issue as well.  Think about it: if there weren't restrictions on the amount of bail to be set, you could steal a pencil and be held on  $10,000 bail.  Often the simple things that we take for granted have to be the most heavily protected.  One important thing to note is the many court cases that have defined cruel and unusual punishment.  Namely, a punishment does not have to inflict pain in order to be considered cruel.

Video



Response:

Again, a simplistic video.  It is important to consider our history and all the past events that revolve around cruel and unusual punishment.  And thinking about a world without the eighth amendment does invoke some pretty dark ideas.  It's a good thing that the framers kept everything in mind when they put these into place, huh?

Article

Prison Death Case and the Eighth Amendment

Posted: Oct 06, 2009

On August 1, 2004, Micah Burrell died of asthma attack due to deliberate negligence of prison authorities to have him rescued from death. This case of prison death took place in

Texas Department of Criminal Justice’s McConnell Unit. Burrel was alone inside his segregated cell without inhaler. Burrell tried several times calling out for help to his fellow inmates but it took several minutes when a guard showed up. The guard, however, did not pay attention to the serious case of Burrell. Instead of rushing Burrell to the hospital, the guard left him there in his cell struggling for breath for forty minutes. Six more guards and a prison nurse went in his cell but they did not rescue him from death.

Furthermore, according to Scott Medlock, prisoner-rights lawyer, the guards just stood and mocked Burrell accusing him of “faking” the attack while the nurse told the guards that “no one dies of an asthma attack.” After more than an hour suffering on the floor, however, Burrell was taken to the hospital and was pronounced dead by doctors. What is so disappointing in the Burrell’s case is the fact that he was just months away to being eligible for parole.

Burrell’s death is a case of prison death. It resulted in the State of Texas paying $140,000 settlement to the bereaved family of the victim. His case is an eye-opener in that it prompted regulation on Correctional Managed Health Care.

While it is true that convicted criminals should rightfully pay for the crime they made, it is not lawful if they are forced to serve time at a prison facility that is poorly administered. There are cases in our criminal justice system when a short sentence is turned into death sentence due to poor administration in our prison facilities. The case presented above is an example of poor administration. If Burrell were taken immediately to the hospital he would have survived the asthma attack. Prison deaths in our country usually result from intentional murder by fellow inmates, induced suicide and gross insufficient medical care.

American citizens are protected from cruel and unusual punishment. This is enshrined in our Constitution under the Eighth Amendment. This amendment shields Americans from heinous punishments like torture and grossly disproportionate punishment like death sentence imposed for a minor crime. It is true that when one is convicted criminal, he or she might have given some of his or her basic rights as a citizen. Then again, the Eighth Amendment still protects him or her from heinous punishment like prison death.

As shown by the example above, a prisoner’s bereaved family members may be able to sue the prison or guards that caused the victim’s demise. In order for a prisoner death lawsuit to succeed, a strong case of negligence on the part of the prison officials must be proven. This calls for reputable civil rights lawyer who can help in building a strong case against prison officials. Often, successful prisoner death lawsuit leads to reformation and improvement in a broken prison facility.

Response:

This is a case that truly shows the extent to which the eighth amendment applies.  Many people do not think about how our prisoners get treated.  This group typically includes myself, as I try to stay away from prison.  However, for those on the inside, this amendment is crucial.  Even though many prisoners are in prison for life, it's important to realize that we're supposed to treat them as though they're serving their crime, and not treat them inhumanely.  This is part of the reason why the death penalty often gets called into question.  Whether you agree with it or not, it's pretty easy to see why it would be controversial under the eighth amendment.