March 5 - March 5, 2008 Corporal punishment lawsuits o...

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March 5, 2008 Corporal punishment lawsuits o Talley v. Stephens (Federal District Court in Ark 1965) o Federal judge, caught in the middle, refused to order end to the use of the strap in Arkansas prisons, instead he ruled it should be administered as fairly and humanely as possible o First remedy wasn’t working out well; led to o Jackson v Bishop (8 th Circuit 1968) o US court of appeals for 8 th circuit o 3 judge federal court of appeals, took case claiming use of strap violated 8 th amendment, in that it didn’t achieve goals of punishment, in fact it worsened the inmates behavior o unanimous opinion ruled the use of the strap violates the 8 th amendment and must be ended; written by Judge Harry Blackman – became Supreme Court Justice evidence is clear that use of strap brings out the worst of human kind, it is totally without penal-logical justification o After this the federal courts of Mississippi follow suit and banned use of “black betty” o Case has been sited approvingly by Supreme Court
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This note was uploaded on 03/15/2009 for the course CRJU 203 taught by Professor Haas during the Spring '06 term at University of Delaware.

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March 5 - March 5, 2008 Corporal punishment lawsuits o...

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