Remember The Eighth Amendment
It’s not the amendment that constitutionalists spend much time trumpeting but it is just as important as the others. Martin Garbus reminds us why:
Click here for reuse options!The 8th Amendment bans cruel and unusual punishment. Yet it happens every day in prisons across the country. Putting aside capital punishment, which I would argue is cruel and unusual on its face, Americans are ignoring a host of horrific conditions that inmates are subjected to. This is not only morally and constitutionally dangerous; it is also bad public policy, because the prisoners being badly treated today will be back in our communities tomorrow.
As a litigator and constitutional lawyer, I have heard appalling stories from the nation’s prisons and jails. One prisoner described to me how he was handcuffed to the bottom of his bunk in his underwear day after day for months. Another described how his cell was located directly beneath broken toilet pipes, which meant the cell smelled horribly of urine and excrement. I’ve heard how cells are unbearably hot or cold and how four prisoners are confined to spaces intended for two, with only one set of bunk beds. I’ve heard about showers that produce only scalding or icy water and about how, when cell toilets overflow, staff are in no hurry to fix them or to clean up.
Copyright 2014 Liberaland
By: Stuart Shapiro
Stuart is a professor and the Director of the Public Policy
program at the Bloustein School of Planning and Public Policy at Rutgers
University. He teaches economics and cost-benefit analysis and studies
regulation in the United States at both the federal and state levels.
Prior to coming to Rutgers, Stuart worked for five years at the Office
of Management and Budget in Washington under Presidents Clinton and
George W. Bush.
34 responses to Remember The Eighth Amendment
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Carla Akins October 4th, 2014 at 11:07
Then there’s solitary confinement for extended periods of time, which by definition is torture taking some to place they are unable to recover from. And the current trouble with Aramark providing complete with its own protein source – maggots. Really, we are better than this as a society, or at least we should be.
Hirightnow October 4th, 2014 at 11:36
Aramark has real problems. When the state of freaking Florida decides that its inmates deserve better, you KNOW you’ve screwed up!
Carla Akins October 4th, 2014 at 11:07
Then there’s solitary confinement for extended periods of time, which by definition is torture taking some to place they are unable to recover from. And the current trouble with Aramark providing complete with its own protein source – maggots. Really, we are better than this as a society, or at least we should be.
Hirightnow October 4th, 2014 at 11:36
Aramark has real problems. When the state of freaking Florida decides that its inmates deserve better, you KNOW you’ve screwed up!
Tom Ward October 4th, 2014 at 12:58
Good article, Stuart/Martin.
Best news I’ve heard in a long time regarding our prisons: “Federal Prison Population Declines for First Time in Decades”
http://www.nbcnews.com/news/investigations/federal-prison-population-declines-first-time-decades-n210036
Chinese Democracy October 4th, 2014 at 13:39
still the highest prison population in the world by far … but yeah good news
StoneyCurtisll October 4th, 2014 at 17:02
Thanks Obama~!…
Tom Ward October 4th, 2014 at 12:58
Good article, Stuart/Martin.
Best news I’ve heard in a long time regarding our prisons: “Federal Prison Population Declines for First Time in Decades”
http://www.nbcnews.com/news/investigations/federal-prison-population-declines-first-time-decades-n210036
Chinese Democracy October 4th, 2014 at 13:39
still the highest prison population in the world by far … but yeah good news
StoneyCurtisll October 4th, 2014 at 17:02
Thanks Obama~!…
Chinese Democracy October 4th, 2014 at 13:41
for profit prisons are the worst …. and the fact that for profit prisons even exist is sad and sickening
Chinese Democracy October 4th, 2014 at 13:41
for profit prisons are the worst …. and the fact that for profit prisons even exist is sad and sickening
neworleans878 October 4th, 2014 at 13:59
“You can judge a society by how well it treats its prisoners”.
Fyodor Dostoevsky
StoneyCurtisll October 4th, 2014 at 17:01
Crime and Punishment~!
fancypants October 4th, 2014 at 18:59
if gitmo is any indication ? WE are screwed !
StoneyCurtisll October 5th, 2014 at 13:13
Gitmo is a paradise compared to how we treated prisoners in Abu Ghraib prison in Iraq during the war.
http://en.wikipedia.org/wiki/Abu_Ghraib_torture_and_prisoner_abuse
fancypants October 5th, 2014 at 14:57
yea gitmo is a gop paradise because we cant do anything with the prisoners unless a hostage trade comes along.
sitting them in front of a judge only makes them construct paper airplanes
burqa October 15th, 2014 at 20:50
They also like it because prisoners were denied rights like to a writ of habeas corpus, the right to be represented by an attorney of your choice, the right to cross examine hostile witnesses, the right to see evidence against them, etc.
Both Gitmo and Abu Ghraib were beneath the standards we have in America, which are pretty low as it is.
Part of the problem is just about no one wants to stand up for decency when it comes to treatment of prisoners. Ever heard a politician win an election with that as part of his agenda?
Prisons are at the bottom of concerns and so they receive little in the way of funding and there is not much oversight.
fancypants October 16th, 2014 at 10:19
I can only imagine what the “right to carry ” people would do if we were invaded ? would the same courtesy be granted or beheadings ? At the end of the day 99% of those took up arms possibly to protect themselves So how can you put something like that on trial ? I guess the powers to be are still thinking it over…
nola878 October 4th, 2014 at 13:59
“You can judge a society by how well it treats its prisoners”.
Fyodor Dostoevsky
StoneyCurtisll October 4th, 2014 at 17:01
Crime and Punishment~!
fancypants October 4th, 2014 at 18:59
if gitmo is any indication ? WE are screwed !
StoneyCurtisll October 5th, 2014 at 13:13
Gitmo is a paradise compared to how we treated prisoners in Abu Ghraib prison in Iraq during the war.
http://en.wikipedia.org/wiki/Abu_Ghraib_torture_and_prisoner_abuse
fancypants October 5th, 2014 at 14:57
yea gitmo is a gop paradise because we cant do anything with the prisoners unless a hostage trade comes along.
sitting them in front of a judge only makes them construct paper airplanes
burqa October 15th, 2014 at 20:50
They also like it because prisoners were denied rights like to a writ of habeas corpus, the right to be represented by an attorney of your choice, the right to cross examine hostile witnesses, the right to see evidence against them, etc.
Both Gitmo and Abu Ghraib were beneath the standards we have in America, which are pretty low as it is.
Part of the problem is just about no one wants to stand up for decency when it comes to treatment of prisoners. Ever heard a politician win an election with that as part of his agenda?
Prisons are at the bottom of concerns and so they receive little in the way of funding and there is not much oversight.
fancypants October 16th, 2014 at 10:19
I can only imagine what the “right to carry ” people would do if we were invaded ? would the same courtesy be granted or beheadings ? At the end of the day 99% of those took up arms possibly to protect themselves So how can you put something like that on trial ? I guess the powers to be are still thinking it over…
mrbigstuff October 4th, 2014 at 14:25
I owed $200 in child support 25 years ago,the first night I was put in a 23 hour lock down cell,with a guy under arrest for rape,needless to say I didn’t sleep,first and last time id been in jail.the jailers were on the most part profeessional.
mrbigstuff October 4th, 2014 at 14:25
I owed $200 in child support 25 years ago,the first night I was put in a 23 hour lock down cell,with a guy under arrest for rape,needless to say I didn’t sleep,first and last time id been in jail.the jailers were on the most part profeessional.
Tammy Minton Haley October 4th, 2014 at 14:51
privatizing jails and prisons is one of the worst moves we’ve made, as a society…
privatization is a key element in the regressives’ plan to take us back to 1902–child labor, no unions, no birth control, no regulations–
i have two people who have never voted, EVER–that are going to vote this november…i’ve been working on them all year…c’mon, ya’ll–we MUST have turnout!
Tammy Minton Haley October 4th, 2014 at 14:51
privatizing jails and prisons is one of the worst moves we’ve made, as a society…
privatization is a key element in the regressives’ plan to take us back to 1902–child labor, no unions, no birth control, no regulations–
i have two people who have never voted, EVER–that are going to vote this november…i’ve been working on them all year…c’mon, ya’ll–we MUST have turnout!
tiredoftea October 4th, 2014 at 15:57
The right only cares about people who can afford not to go to jail.
tiredoftea October 4th, 2014 at 15:57
The right only cares about people who can afford not to go to jail.
poster1a October 11th, 2014 at 21:52
“Another described how his cell was located directly beneath broken toilet pipes, which meant the cell smelled horribly of urine and excrement.” This is what happens when money is used for cable TV and weight lifting equipment instead of plumbing supplies.
poster1a October 11th, 2014 at 21:52
“Another described how his cell was located directly beneath broken toilet pipes, which meant the cell smelled horribly of urine and excrement.” This is what happens when money is used for cable TV and weight lifting equipment instead of plumbing supplies.