Preview

Solitary Confinement: Violation Of The Eighth Amendment

Good Essays
Open Document
Open Document
101 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Solitary Confinement: Violation Of The Eighth Amendment
Solitary confinement has been called into question as violating of the Eighth Amendment of the Constitution. The Eighth Amendment guarantee the protect from any cruel and unusual punishment. On Febuarary 24, 2012, a Russian immigrant named Viktor Bout challenged the use of solitary confinement during his time in Metropolitan Correctional Center (MCC). Bout was convicted on 2 November 2011, for conspiracy of attempting to smuggle arms to the Revolutionary Armed Forces of Colombia (FARC) to kill U.S. citizens and delivery of anti-aircraft missiles. Once Bout was convicted he was held in solitary confinement for fourteen months. Judge Scheindlin (2012) ruled that,
Continue Reading
View Writing Issues

You May Also Find These Documents Helpful

  • Good Essays

    Iowa State Penitentiary V. Williams
    • 756 Words
    • 4 Pages

    Iowa State Penitentiary V. Williams

    Case Citation: Nix, Warden of the Iowa State Penitentiary v. Williams, 467 U.S. 431, 104…

    • 756 Words
    • 4 Pages
    Good Essays
    Read More
  • Good Essays

    8th Amendment Case Study
    • 411 Words
    • 2 Pages

    8th Amendment Case Study

    As the attorney for Joseph, the inmate in Louisiana, I’m writing to defend his 8th amendment rights. Joseph has committed murder, sentencing him to death. In his situation, he was attempting to kill himself but misfired murdering his roommate in the other room. This accident should not be punished by death as it wasn’t attempting. Joseph’s sad and unusual case mustn’t go to the worst stage of punishment and we plead for a life in prison instead of a lethal injection.…

    • 411 Words
    • 2 Pages
    Good Essays
    Read More
  • Good Essays

    8th Amendment Case Study
    • 87 Words
    • 1 Page

    8th Amendment Case Study

    The Carr brothers should have been sentenced separately and given two different hearings. The Eighth Amendment may be unclear whether defendants must be given an individualized trial or not but the court’s Eighth Amendment cases have often insisted that defendants must be given “individualized sentencing” in order for the jury to find “an individualized determination” and decide whether the death penalty is appropriate. The issue is that the court has never insisted for defendants to be sentenced by themselves, at their own hearing, without any co-defendants present.…

    • 87 Words
    • 1 Page
    Good Essays
    Read More
  • Good Essays

    Hamdi Vs Rumsfeld Case Study
    • 705 Words
    • 3 Pages

    Hamdi Vs Rumsfeld Case Study

    One defining case in this history of torture laws is that of Hamdi V. Rumsfeld (2002) and Hamdan V. Rumsfeld (2006). Both of these cases involved former detained individuals at Guantanamo Bay, one of the aforementioned secret prisons. In Hamdi V. Rumsfeld, the legality of indefinite detention and suspension of Habeas Corpus for “enemy combatants” was questioned. The only decision that SCOTUS was able to rest on was the Executive Branch does not have the power to hold a U.S. citizen indefinitely without basic due process protections enforceable through judicial review, which effectively extended the rights of Habeas Corpus. With this right in place, Salim Hamdan brought Attorney General Rumsfeld again to the Supreme Court, to put the constitutionality of Guantanamo Bay to the test of Judicial Review once again. The following decisions were made; “Military commissions are legitimate forums to try enemy combatants because they have been approved by Congress.…

    • 705 Words
    • 3 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    Injustice In The Attica State Prison In New York
    • 73 Words
    • 1 Page

    Injustice In The Attica State Prison In New York

    In the Attica state prison in New York, prisoners rioted because they thought they should have better living conditions and treatment. Some 2,000 inmates attacked the guards and burned down the building. The police recovered control but the prisoners demanded more privileges in return for about 35 hostages they held. The police force attacked anyway and a total of 43 people died. Records of what happened at Attica were concealed for 50 years.…

    • 73 Words
    • 1 Page
    Satisfactory Essays
    Read More
  • Good Essays

    Solitary Nation: Documentary Analysis
    • 476 Words
    • 2 Pages

    Solitary Nation: Documentary Analysis

    The United States prison system is notorious for the way it treats its inmates. There are so many theories, and facts to back up the claim that the prison system is not working the way it was intended to be, and it continues to be a growing issue that the government is not addressing. Further, within the already complicated prison system, there is another issue. Solitary confinement, which was originally supposed to be used as a short term punishment within prisons, or jails, has now become an integrated part of prison life (Edge, 2014). Solitary Nation, is 2014 documentary highlights the damages that solitary confinement is doing to people (Edge, 2014). Individuals whom have not shown any signs of degrading mental health come out of segregation, or as the inmates call it, “seg,” disturbed (Edge, 2014).…

    • 476 Words
    • 2 Pages
    Good Essays
    Read More
  • Good Essays

    The Cruel And Unusual Punishment Clause Of The Eighth Amendment
    • 174 Words
    • 1 Page

    The Cruel And Unusual Punishment Clause Of The Eighth Amendment

    The “Cruel and Unusual Punishment” Clause of the Eighth Amendment came from the English Bill of Rights that were adopted in 1689. This provision was written into the English Bill of Rights after Titus Otis, who lied causing many innocent people to be executed, was punished in a cruel and unusual way at the time. George Manson first used the cruel and unusual punishment clause in 1776 when he drafted the Declaration of Rights for the Commonwealth of Virginia. In 1791, the clause was added to the Eighth Amendment to the United States Constitution. People feared that if this clause was not added that Congress would abuse its power and use cruel and unusual punishments as a tool to oppress them.…

    • 174 Words
    • 1 Page
    Good Essays
    Read More
  • Good Essays

    'Rhetorical Analysis Of Solitary Confinement'
    • 2193 Words
    • 9 Pages

    'Rhetorical Analysis Of Solitary Confinement'

    Most people understand what solitary confinement from films or television shows that revolve around a prison. The prisoner is sent to a cell where they have zero human interaction, unless it is with the prison guards escorting the prisoner for vital human needs such as eating, which is also done alone. It is a punishment for the inmates that have been deemed unsafe to have around the normal population of the prison, or have done something wrong that caused the prison to send them to solitary to punish the prisoner for what they have done. I was originally someone who believed something such as this may seem simple enough to understand and was a humane way of dealing with a problematic prisoner, when in reality, it is much more traumatic for…

    • 2193 Words
    • 9 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    8th amendment
    • 340 Words
    • 2 Pages

    8th amendment

    The Eighth Amendment: It prohibits excessive bail and cruel and unusual punishment. In the case of Atkins v. Virginia, the facts brought to the court was that the defendant, Daryl Atkins was tried for capital murder and sentenced to death for the shooting of a victim named Eric Nesbitt. Atkins had been smoking and drinking all day before he decided to walk to a convenient store and hold Nesbitt at gun point, upon Daryl’s dissatisfaction with the money he took, he kidnaped Nesbitt, taking him to an ATM to with drawl 200 dollars, along with a friend named William Jones, in Nesbitt’s car. When Daryl was satisfied with the money taken, he further continued his violence by driving Nesbitt to an isolated area, forcing him out of the vehicle, and then shot Nesbitt eight times killing him.…

    • 340 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Satisfactory Essays

    8th Amendment Research Paper
    • 327 Words
    • 2 Pages

    8th Amendment Research Paper

    Let me take you back to one of the darkest days in American history. Monday April 5th, 2013 in Boston Massachusetts two men by the names of Tamerlan Tsarnaev and Dzhokhar Anzorovich Tsarnaev partook in an act of terror on US soil. Two trash can bombs were planted nearby the finish line of the annual Boston Marathon, and the damage these bombs did will forever live in infamy. After the attack, a man hunt through the streets of Boston took place tracking down the men who had commit a mass crime and an act of pure evil. The first of the two brothers, Tamerlan Tsarnaev, was shot when he was found; however, the second brother was later captured and taken into custody. Now here lies the question, what punishment is appropriate for someone who committed an act of terror, killing three and injuring over 200…

    • 327 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Good Essays

    Eighth Amendment Research Paper
    • 770 Words
    • 4 Pages

    Eighth Amendment Research Paper

    The eighth amendment is defined as “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted (Lectlaw, 2010). This amendment was adopted as part of the Bill of Rights in 1791. The eighth amendment serves the purpose of protection of those who are innocent until proven guilty and to ensure that all persons are treated fairly in the criminal justice system.…

    • 770 Words
    • 4 Pages
    Good Essays
    Read More
  • Good Essays

    Cruel And Usual Punishment In Prisons
    • 349 Words
    • 2 Pages

    Cruel And Usual Punishment In Prisons

    Prison experiences are shared by those who spent much time behind the bars and most of the experiences shared exemplify how cruel the prison system really was showing that no rehabilitation was occurring due to an excess in punishment. The Los Angeles Times published an article, “Cruel and Usual Punishment in Jails and Prisons,” in which ex-prisoners were interviewed and shared stories of their time in prison, many of which showed how corrupt prisons have truly become. The stories described prisons as appalling and cruel, one prisoner describe being handcuffed every day to his bunk while he had to remain only in his underwear, another prisoner described how it was to live in a cell located directly under broken toilet pipes for weeks resulting…

    • 349 Words
    • 2 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    Solitary Confinement Against Juveniles
    • 185 Words
    • 1 Page

    Solitary Confinement Against Juveniles

    On January 26, 2016 Former president Barak Obama took actions against solitary confinement against juvenile. He announces that he will revoke solitary confinement against juvenile and such acts will be banned. He emphasizes that low level infraction and mentally ill prisoner are spending excessive amount of time in solitary confinement and this does not bring any good impact on the individuals but long lasting psychological problems. He states “How can we subject prisoner’s confinement, knowing its effects, and then expect them to return to our community as a whole people.” Former president Obama call upon the case of young 22-year-old Kaleif, who spend approximately 2 years of solitary confinement at the age of 16 years old for accusingly…

    • 185 Words
    • 1 Page
    Satisfactory Essays
    Read More
  • Good Essays

    Essay On Solitary Confinement
    • 559 Words
    • 3 Pages

    Essay On Solitary Confinement

    There is a lot of controversy about if solitary confinement be cruel and unusual punishment? So does solitary confinement violate our rights as an American citizen? Solitary Confinement is when an inmate is placed in a cell by themselves with no contact with other except with guards. The cells are usually very small and they stay in their cell for 22 to 23 hours a day .Solitary confinement is a violation of the 8th amendment ban against cruel and unusual punishment because it inmates are more likely to hurt or kill themselves , it causes brain damage and inmates are denied of basic needs .…

    • 559 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Solitary Confinement In Prisons
    • 1228 Words
    • 5 Pages

    Solitary Confinement In Prisons

    People are put in solitary confinement for a number of different reasons, but the most common ones are for those prisoners with mental illness. They are put in solitary confinement so that prison officials have an easier time dealing with their difficulties and dangers. This, however, is not the way to deal with mentally ill prisoners. The effects that solitary confinement has on a person reduces their quality of life down to absolutely nothing and they would be better off getting the electric chair. Solitary confinement is not an effective way of imprisoning humans because it does not accomplish the goal of prisons which is to reform prisoners to be a successful member of society.…

    • 1228 Words
    • 5 Pages
    Good Essays
    Read More

Related Topics