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.
- What Happened?Lv 41 decade agoFavorite Answer
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.
- vitielloLv 44 years ago
i'm thoroughly against the dying penalty: listed below are my reasons: - blunders happen. interior the final 35 years interior the U.S., a hundred thirty human beings have been released from dying row via fact they have been exonerated by utilising DNA data (DNA isn't attainable in maximum homicide circumstances). - It expenditures taxpayers lots extra to execute somebody than to imprison them for existence. (somebody might could be in reformatory for on the brink of ninety years to equivalent the value of an execution, that's approximately $20 million. additionally, it expenditures lots to maintain them in detention center till the date of their execution. Criminals on dying Row are in many circumstances in detention center for some years previously they are finished.) - it is not a deterrent - violent crime rates are bigger in dying penalty jurisdictions. - this is erratically and arbitrarily utilized. - Jesus became into against it (see Matthew 5:7 & 5:38-39, James 4:12, Romans 12:17-21, and John 8:7). - existence without parole (LWOP) is on the books in maximum states now, and it skill what it says. people who get this sentence are taken off the streets. For stable.