“If you did the crime, you should do the time.” This quote represents how many American citizens feel about incarcerated prisoners. Citizens usually do not have much sympathy for those who abuse their constitutional rights and create crimes within society. Due to many people feeling this way, a lot of controversy has been created regarding the ways that prisoner’s should be treated while incarcerated. The eighth amendment protects every American citizen’s right from cruel and unusual punishment, no matter what the circumstance may be. There are a variety of ways that prisons are able to protect the eighth amendment rights of those who are incarcerated. Throughout the history of prisons there has been many amounts of claims and ways that prisoners
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A prison not providing proper medical treatment can be seen as cruel and unusual punishment. (Houghton, 2014) In 1976, Estelle v. Gamble occurred due to the failure of proper treatment. A prisoner had filed a claim against the prison for not properly treating his back injury, which he had received while on the job within the prison. The medical examiner within the prison claimed that it was not properly addressed and was not being described as serious by the prisoner at the time of the incident. After Estelle v. Gamble, prisons were told that not treating medical needs as needed within a prison can be seen as cruel and unusual punishment. (Cornell, 1992) Prisons are not required to provide top of the notch care to their prisoners, but it is required that they receive the care that is needed in order to keep them safe and not injured. Mental illness needs to be taken just as seriously within prisons are physical injuries on the body are. Those who are incarcerated and have mental illnesses require medical care as well, such as medications and therapy. Even though those with mental illnesses need more personalized attention, it is required that prisons make sure that the proper treatment is offered to every prisoner facing those unfortunate illnesses. Prisons often provide different types of programs for those who are incarcerated and have been diagnosed with a …show more content…
Although many prisoners have faced cruel and unusual punishment, the courts are continuing to try and provide the proper rights to those who are incarcerated and to guarantee them their eighth amendment rights. Throughout this paper, one can see a few examples of past flaws of the American prison system. We have made much progress over the past fifty years in the humane and fair treatment of inmates. This is not to say that our governments correctional system is perfect or fair in every way, just that it is constantly changing in positive ways to try to guarantee that all inmates regardless of race, religion, or crimes committed are assured their protection of their eighth amendment rights and can serve the time they owe while living in a safe, fair, and healthy
A prison not providing proper medical treatment can be seen as cruel and unusual punishment. (Houghton, 2014) In 1976, Estelle v. Gamble occurred due to the failure of proper treatment. A prisoner had filed a claim against the prison for not properly treating his back injury, which he had received while on the job within the prison. The medical examiner within the prison claimed that it was not properly addressed and was not being described as serious by the prisoner at the time of the incident. After Estelle v. Gamble, prisons were told that not treating medical needs as needed within a prison can be seen as cruel and unusual punishment. (Cornell, 1992) Prisons are not required to provide top of the notch care to their prisoners, but it is required that they receive the care that is needed in order to keep them safe and not injured. Mental illness needs to be taken just as seriously within prisons are physical injuries on the body are. Those who are incarcerated and have mental illnesses require medical care as well, such as medications and therapy. Even though those with mental illnesses need more personalized attention, it is required that prisons make sure that the proper treatment is offered to every prisoner facing those unfortunate illnesses. Prisons often provide different types of programs for those who are incarcerated and have been diagnosed with a …show more content…
Although many prisoners have faced cruel and unusual punishment, the courts are continuing to try and provide the proper rights to those who are incarcerated and to guarantee them their eighth amendment rights. Throughout this paper, one can see a few examples of past flaws of the American prison system. We have made much progress over the past fifty years in the humane and fair treatment of inmates. This is not to say that our governments correctional system is perfect or fair in every way, just that it is constantly changing in positive ways to try to guarantee that all inmates regardless of race, religion, or crimes committed are assured their protection of their eighth amendment rights and can serve the time they owe while living in a safe, fair, and healthy