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Essay / Research Paper Abstract
3 pages in length. The Eighth Amendment to the United States Constitution protects individuals against excessive bail and fines, as well as cruel and unusual punishments; pertinent to this particular amendment is the treatment of inmates. In spite of myriad frivolous federal lawsuits brought about by prison inmates who claim their constitutional rights under the Eighth Amendment have been violated, there is a window of protection within the scope of this amendment that affords them safekeeping against "being deprived of the basic necessities of life, such as food, shelter, health care, or personal security" (Hamden 15). However, it is the extent to which the deprivation of these inherent rights can be proved that establishes whether or not the Eighth Amendment has, indeed, been violated. Bibliography lists 2 sources.
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3 pages (~225 words per page)
File: LM1_TLC_8thA.rtf
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Unformatted sample text from the term paper:
myriad frivolous federal lawsuits brought about by prison inmates who claim their constitutional rights under the Eighth Amendment have been violated, there is a window of protection within the scope
of this amendment that affords them safekeeping against "being deprived of the basic necessities of life, such as food, shelter, health care, or personal security" (Hamden 15). However, it
is the extent to which the deprivation of these inherent rights can be proved that establishes whether or not the Eighth Amendment has, indeed, been violated. "While prisoners lose
many rights upon incarceration, they do retain a number of important rights" (Inmate Abuse). The word wanton is particularly pertinent to establishing whether Eighth Amendment violations have occurred, such as
in the event a correctional official was aware of the fact that an inmate was being denied what was rightfully his or hers under the title of basic necessity.
According to Wilson v Seiter, the deliberate nature of such deprivation, along with the blatant disregard on the part of the correctional official to amend the situation, is what constitutes
Eighth Amendment violation. However, Rhodes v Chapman ruled that "restrictive or even harsh conditions are part of the penalty prisoners pay for their offense against society" (Hamden 15), which
leaves a fine line between Eighth Amendment violation and standard procedure. Moreover, a prisoners right to medical care is protected under the Eighth Amendment, but that scope is also
just as narrow as what equates to basic necessity. According to Estelle v Gamble, an inmate who is known to be in need of medical treatment but does not
receive it due to "deliberate indifference to serious medical needs" (Hamden 15) earmarks that behavior as both unnecessary and wanton infliction of pain. This case also provided a caution
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