March 14 - th amendment o Could have major implications for future prison o Justice Callow Court noted that double selling in Ohio was not all that

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March 14, 2008 Last two assignments: Hassine Chp 17; Hass – chp 17, 29 Stuff assigned for classes past maybe on exam: o Hassine -1, 7, 13, 17, 24, 25, 26 o Haas – 3, 4, 5, p25-33, 7, 29, 12 – big house/state raised convict, p 282-284, chp17 World of institutions can make non-criminal people, criminal; non-mental people, mental. Hudson v. McMillian (1992) o Justice Stevens and Blackman said standard should be standard of wanton and unnecessary force for the purpose of pain or harm or injury would violate the 8 th amendment. o Unnecessary use of force is easier to show o Malicious intent – prisoner has to show that the guard had the mindset to hurt you, what he was thinking, was a needless assault In 80’s; started prison population boom o Started double selling o Other 8 th amendment cases: o Rhodes (former governor of Ohio) v. Chapman (prisoner) (1981) o Long term inmate said he was in a cell with another inmate, bunk bed, toilet that overflows; violates 8
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Unformatted text preview: th amendment o Could have major implications for future prison o Justice Callow; Court noted that double selling in Ohio was not all that harmful, admits he is only in cell 16 hours a day, get a lot of out of cell time; Said looking at time out of cell, record of violence in the cell, constitution does not mandate comfortable prisons Ruling: double celling does not always violate the 8 th amendment (cruel and unusual punishment clause); however, double celling does violate the 8 th amendment when it 1. inflicts severe harm on inmates OR 2. if it exists along with a lot of other bad conditions (its another thing double celled in a prison with rats, bad food, human waste, etc. Only justice to dissent was Thurgood Marshall, points out that the size of windows in Supreme Court building are bigger than there cells o Farmer v. Brennan (1994) o Deek Farmer was transsexual, o Ingraham v. Wright (1977)...
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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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