IN ORDER TO BE JUDICIALLY CONDONED, BOTH PUNATIVE AND ADMINISTRATIVE SEGREGATION MUST BEAR SOME RELATION TO A LEGITIMATE REASON FOR THIS MANNER OF DETENTION. COURTS WILL CONSIDER THE LENGTH OF SUCH INCARCERATION, UNSANITARY CONDITIONS, OVERCROWDING, EXTREME TEMPERATURES, AND GROSSLY INADEQUATE DIETS TO DETERMINE IF SUCH PUNISHMENT IS 'CRUEL AND UNUSUAL' IN ADDITION, COURTS ARE BECOMING MORE RECEPTIVE TO EIGHTH AMENDMENT ARGUMENTS WHERE THE PRISONER CAN PROVE THAT HIS OPPORTUNITIES FOR PHYSICAL ACTIVITY, EXERCISE OF RELIGION, AND INTERACTION WITH OTHER INMATES HAVE BEEN RESTRICTED AND WHERE NO SHOWING OF COMPELLING GOVERNMENTAL INTEREST HAS BEEN MADE. CONDITIONS OF OVERCROWDING, LACK OF SANITATION, AND LACK OF PROTECTION FROM INMATE ASSAULTS, IF SO SEVERE AS TO BE SHOCKING TO THE CONSCIENCE OF CONTEMPORARY HUMANITY, MAY BE DEEMED UNCONSTITUTIONAL.
PENAL INCARCERATION AND CRUEL AND UNUSUAL PUNISHMENT
NCJ Number
11895
Journal
South Carolina Law Review Volume: 25 Issue: 4 Dated: (NOVEMBER 1973) Pages: 579-603
Date Published
1973
Length
25 pages
Annotation
ANALYSIS OF STATE AND FEDERAL CASES CONCERNING CONDITIONS, PRACTICES AND DISCIPLINARY MEASURES CHALLENGED AS VIOLATING THE EIGHTH AMENDMENT.
Abstract
Date Published: January 1, 1973