Prison isolation - cruel and unusual punishment?

I'm just wondering if putting immates "in the hole", as it used to be termed, ie in isolation for being especially hostile, repeatedly breaking prison rules, etc, was considered cruel and unusual punishment. I seem to recall reading about a case in the '70s where it was determined (in Arkansas, I believe it was) that any period longer than 30 days constituted C&U, but I haven't been able to find any info besides that.

3 Answers

  • 1 decade ago
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    I read that same case somewhere. Whereas 29 days isn’t CU but 30 is? It goes along with a lot of criminal determinations which are based on time. Before I get into that I will answer your original question.

    23 hours in solitary today I believe is not considered CU. A prisoner gets one hour of day light per day.

    Now, 29 days = Not; but 30 = Yes.

    One of the things I have seen with some current criminal larceny statutes is that with rental agreements they create a presumptive intent after X # of days. For example, you rent a move and hold it for 9 days = OK. If you hold it for 10 days the code creates a presumption of guilt when the clock strikes that 10th day. With that presumption and Intent being an element of larceny it has shifted the burden on to the defense on that 10th day. Meaning a dead person could manifest intent.

  • 4 years ago


    Source(s): Criminal Record Search Database :
  • 4 years ago

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