Eaten Alive: Inaction as a form of Cruel and Unusual Punishment in State Jails and Prisons
(Source) If you have watched a lot of Law and Order, cop shows, or even viral TikTok videos involving the police, you have probably heard the phrase “this violates my constitutional rights.” You might have also heard people on the news say “this is cruel and unusual punishment” when something outrageous happens to someone at the hands of the State. The truth is that everyone who faces charges does have a constitutional right under the Eighth Amendment to not have cruel and unusual punishment inflicted upon them. This right has been incorporated to the states through the Fourteenth Amendment, which means whether someone is charged with a crime on the state or federal level, they have this constitutional protection. But what rights exactly does the cruel and unusual punishment clause protect? Originally, the literal meaning of the text was likely to prevent coercive torturing of criminal defendants, which was a problem that occurred in the old European inquisition proceedings. But the right to not have cruel and unusual punishment inflicted has now been expanded to contemplate a broad range of constitutional protections for people being charged with crimes from what is excessive bail to what drugs can be used [read more]