Revitalization of the Eighth Amendment: A Warning for Corrections

• NCJ Number: 196434
• Journal: Corrections Compendium Volume: 27 Issue: 8 Dated: August 2002 Pages: 1-5,29-30,31
• Author(s): Christopher E. Smith; Steven B. Dow
• Date Published: August 2002
• Length: 8 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

The Eighth Amendment prohibition on cruel and unusual punishments is receiving renewed judicial attention in the context of public controversies about capital punishment and long incarcerative sentences for nonviolent repeat offenders and first-time drug offenders; corrections officials should be aware that this revitalized analysis of the Eighth Amendment has implications for corrections.

Abstract

Court interpretations of the Eighth Amendment will always be open to change because of the U.S. Supreme Court's controlling precedent in Trop v. Dulles (1958), which endorses a flexible, evolving definition of cruel and unusual punishments. There are several reasons for corrections officials to act cautiously in developing and evaluating policies in the context of the revitalization of the Eighth Amendment. First, research indicates that even the conservative justices on the U.S. Supreme Court, who generally support deference to corrections officials, will feel obligated to reaffirm or strengthen limits on officials' authority in order to reiterate their view on the necessary scope and extent of constitutional rights. Research also indicates that "after leading the Supreme Court in a new, more conservative direction, it appears now that the justices on the Rehnquist Court may be forced to rein in decision-makers whose decisions are too conservative " (Smith and Hensley, 1993). Further, Eighth Amendment cases, if perceived as embodying patent resistance to established principles, may lead the Bush administration and conservative judicial officers to alter their reflexive orientation toward deference to corrections officials and spur them to scrutinize policies and practices more closely (Greenhouse, 2002). In addition, attention to Eighth Amendment issues may inadvertently lead to consideration of, and doctrinal changes that affect other correctional issues, such as qualified immunity and visitation rights. In summary, recent judicial controversies and decisions should serve as a warning to corrections officials about the need to be cautious and aware when developing and evaluating institutional policies that may implicate the Eighth Amendment. 18 references and 33 cited cases