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Cruelty, Prison Conditions, And The Eighth Amendment, Sharon Dolovich
Cruelty, Prison Conditions, And The Eighth Amendment, Sharon Dolovich
Georgetown Law Faculty Publications and Other Works
The Eighth Amendment prohibits cruel and unusual punishment, but its normative force derives chiefly from its use of the word cruel. For this prohibition to be meaningful in a society where incarceration is the primary mode of criminal punishment, it is necessary to determine when prison conditions are cruel. Yet the Supreme Court has thus far avoided this question, instead holding in Farmer v. Brennan that unless some prison official actually knew of and disregarded a substantial risk of serious harm to prisoners, prison conditions are not “punishment” within the meaning of the Eighth Amendment. Farmer’s reasoning, however, does not …
S. 310, The Native Hawaiian Government Reorganization Act Of 2007: Hearing Before The S. Comm. On Indian Affairs, 110th Cong., May 3, 2007 (Statement Of Professor Viet D. Dinh, Geo. U. L. Center), Viet D. Dinh
Testimony Before Congress
No abstract provided.