Solitary confinement can be considered as torture by several people due to the mental pain or suffering that is caused by it. But would solitary confinement be considered an unusual and cruel punishment to the point of violating the eighth amendment? Is torture considered a bad thing? Solitary confinement has been the only choice that the system could think of in order to reprimand those who have already done something wrong. Torture is often used for the purpose of having a positive outcome, which is not a bad thing depending on the situation and its extent. The eighth amendment of the United States Constitution was first introduced by James Madison for the purpose of prohibiting some punishments that are not legal, such as painful and hard labor. This amendment states that punishments must be fair, not cruel, and must have a certain limit. The eighth amendment also prohibits the imposition of excessive bail and excessive fines. For example, an accused must be treated as an innocent person before he or she is proven otherwise. Excessive bail depends on how severe the situations are. Other great examples of the 8th amendment prohibitions are castration, burning at the stake, and quartering. Based on the wording of the amendment, I believe that the use of solitary confinement in the United States does not violate citizens’ eighth amendment rights. A cruel and unusual punishment would be considered grossly disproportionate, which doesn’t exactly concord with solitary
The 8th amendment prohibits any type of punishment that is cruel or unusual in our correctional system. For example, in prison, a guard cannot cut an inmate's ear off or subjugate him/her to a whipping for finding contraband in their bunk.
In my opinion, the 8th amendment is important because this amendment gives people the right against excessive bail, fines, or cruel and unusual punishment. No citizen of the United States should be subjected to cruel or insane punishment, and they shouldn 't have to pay a bail amount that is too excessive for the crime. This Amendment was added to the Bill of Rights to ensure greater stability and was a compromise between the legislature election in the original non-party elections and the new president. The Amendment’s Bail Clause is a result of injustices perpetrated in England, were judges often abused their power in determining whether bail should be allowed to suspects. After a number of unsuccessful attempts at reforming the law, the English Bill of Rights in 1689 specifically outlawed excessive bail. The U.S. supreme court 's held in 1987 that the eighth Amendment 's Bail Clause had only one meaning that bail conditions, when compared with the magnitude of
According to “Solitary Confinement: Common Misconceptions and Emerging Safe Alternatives” by Alison Shames, Jessa Wilcox, and Ram Subramanian on the Vera Institute of Justice, solitary confinement is often sentenced to “fulfill a prison’s or jail’s top priority: the safety of its staff and the incarcerated people under their care.” (Shames, Wilcox, & Subramanian, 2015). However, most inmates that are placed in solitary confinement are
In the Bill of rights it talks about the 1st amendment. The 1st amendment says “...or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press…” which means that we have the right to say what we want and we don’t have to talk to the press. This impacts our lives today by not being limited on what we can or can't say. The 3rd amendment says that no soldier can come into our homes without our approval. This impacts U.S. today by giving us more freedom and privacy. In the 8th amendment it talks about how “ Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”. What that is saying is high amounts of bail aren’t aloud, if it's over a certain amount you can’t
The suffering, pain, or humiliation, of a person is considered cruel and unusual punishments and is not acceptable by the Eighth Amendment which states the prohibiting the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishments. With this amendment you have the rights of; protection from physical brutality, rape, sexual assault, and sexual harassment, your rights to decent conditions in prison, also your rights to medical care.
The concept of solitary confinement in itself is absolutely inhumane because being subjected to it has long lasting effects. In 2015, after serving a three-year sentence for supposedly stealing a backpack, a 22-year-old Kalief Browder committed suicide. What drove him to suicide was the damaging effects from prolonged isolation (two years to be exact) and the constant beatings he received at the hands of correctional officers and fellow inmates (“Kalief Browder, held at Rikers Island for 3 Years Without Trial, Commits Suicide”). We cannot lose another life because of solitary confinement, now is the time to eliminate solitary confinement and invest in more humane methods of
This part of the eighth amendment does not let the government to give a very mean punishment to someone who commits crimes. These laws help a lot to keep people in the U.S.
The Eighth Amendment to the U.S. Constitution limits the punishments that may be imposed by the government on American citizens. These limits are compulsory among the states by way of the Fourteenth Amendment. The English Bill of Rights of 1689 expressed concern with arbitrary and disproportionate sanctions, giving way to the Founders inclusion of the prohibition against cruel and unusual punishment. To explore the Eighth Amendment it is important to consider constitutionally accepted punishments, the ever-evolving practice of capital punishment, and eighth amendment protection inside prison walls.
Insomnia, paranoia, uncontrollable feelings of rage and fear are just some of the effects that a prisoner can experience after being placed in solitary confinement. I think the government should ban solitary confinement because it causes mental pain and suffering.
Since the introduction of solitary confinement and the construction of super-max prison there has an on going debate on whether using these punishment is violating the 8th amendment and also explaining all the health risk caused by solitary confinement. Solitary confinement is when a prisoner is held in a cell alone and they spend between 22.5 and 24 hours a day. Prisoners have no contact with other inmates and guards are also have limited contact with inmates. Solitary confinement was first introduced in the mid-nineteenth century and it was believed that it would help reform prisoners. The ideology behind solitary confinement and super-max prisons was that prisoners would be locked up alone and left with nothing but their Bible and this would allow the prisoner to reflect on his actions and wrong doings and eventually reform into a law-abiding citizen. But soon after solitary confinement was put into place it became clear that solitary confinement did not meet there goal of reforming individuals but evidence proved it caused harmed to the prisoners physical and mental health. Besides being harmful to prisoner’s physical and mental health it was also very expensive to run super-max prisons. Many began to question whether it was morally and ethically correct to keep prisoners in solitary confinement for long periods of time at once. When solitary confinement was first introduced it was used as a short-term punishment for prisoner who committed severe offenses in prison.
According to the Merriam-Webster dictionary, Solitary Confinement is the confinement of a prisoner in a cell or other place which he or she is completely isolated from any and everyone. Merriam Webster also states that even some prisoners are held from 22.5 to 24 hours a day. Solitary confinement is sometimes referred to as isolation, segregation, separation, and cellular confinements so that it seems different from solitary confinement or too make it sound like a less harsh punishment. Solitary Confinement is a huge controversy in today’s society, although some might of forgot due to the fact that there’s an orange oompa loompa celebrity as our president, but this has been a problem since it was introduced in 1829. “In 1829, the first experiment in solitary confinement was at the Eastern State Penitentiary in Philadelphia. It was based on a Quaker belief that prisoners isolated in stone cells with only a Bible would use the time to repent, pray and find introspection.”(Timeline on NPR.org) A large population of people believe that solitary confinement is a violation against anyone 's human rights. On the other side of this argument, some people believe it is a necessary form of punishment and that it does not violate anyone’s human or constitutional rights. In my personal opinion, Solitary confinement violates both the 8th Amendment of the United States Constitution and Article five of the Declaration of Human Rights. I don’t understand how isolating someone for that
The Eighth Amendment was introduced as a part of the Bill of Rights into the U.S. Constitution on September 5, 1789, and was voted for by 9 our of the 12 states on December 15, 1971. Many of us may ask what exactly is the Eighth Amendment? The amendment states that excessive bail shall not be required, nor excessive fines imposed. It also states that cruel and unusual punishment shall not be inflicted. What does that mean? That means: “Bail” is money that a charged person gives to the court as a guarantee that he or she will be there for a trial. The amount of bail assigned depends on the type of crime committed, if the crime is serious the bail will be higher. When the Eighth Amendment was written, the framers were taking into consideration
Capital Punishment is Not Only Unusual, But Cruel The most widely known aspect of the eighth amendment is the fact that it prohibits cruel and unusual punishment. Cruel and unusual punishment is perceived as punishment that causes “an unnecessary and wanton infliction of pain” (Bailey). Is capital punishment cruel and unusual? It is one of the most controversial topics in America today. In effect since the 1600s, the US Supreme Court ruled that the death penalty was “cruel and unusual” in 1972 but reversed this decision when a "cleaner" way to bring about death was found in 1976 (Encarta).
The definition of cruel or unusual punishment is something still being argued today. Once a convict enters the prison system, they are stripped of some of their constitutional rights but one is sure to remain- no cruel or unusual punishment (At Issue: Treatment of Prisoners). Cruel and unusual punishment was never thoroughly defined. Anyone can interpret it the way they please. It is said that those who are mentally ill get much less punishment then those who are not. However, no one ever said what happens if you go insane inside of solitary confinement. In the current day prison system, if one goes insane while inside the system, you
Solitary confinement is a form of punishment that isolates an inmate to a small cell with heavily restricted human interaction. This method of discipline dates back to 1787, the same year the United States Constitution was drafted (Katel). However, over the years, solitary confinement has morphed into super maximum-security prisons across the nation that are built solely for the use of this punishment. Since 1842 people have disagreed with this tactic, but with the recent growth of “supermax” prisons the debate has become relevant once again (Katel). The issue is: people are being abused in prison, whether the guards are the ones being attacked by unruly prisoners, or inmates are facing maltreatment from other inmates. This violence needs to decrease greatly and the best way to do that is reform the system. As a result of this violence, solitary confinement has been utilized to punish inmates instead of attempting to solve the underlying issues that caused the offenses in the first place. Solitary confinement is a form of imprisonment that has gone from a useful method of separating dangerous inmates from the general population to a form of torture, thus restrictions needs to be put into place in order to increase rehabilitation from incarceration into society.