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Chap14-LegalIssues - Chapter 14 Legal Issues The Death...

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Chapter 14 Legal Issues & The Death Penalty
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Introduction Should inmates have rights? Long history of capital punishment in the US Cruel and unusual punishment?
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Legal Issues Regarding Inmates Inmates are still US citizen, hence come under the protection of the Constitution and the Bill of Rights However, certain security and safety concerns of prisons limit these rights.
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The Development of Inmate Legal Rights 1871 - Slave-of-the-state Doctrine Inmates were, for all intents & purposes, slaves of the state & had no rights that were not granted them by the state Hands-off doctrine - Supreme court didn’t accept lawsuits regarding violation of inmates’ constitutional rights 1964 - Court ends the Hands-off doctrine Opened the floodgates of litigation
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The Bill of Rights & Congressional Actions Providing Inmate Rights 8 th Amendment - prohibits cruel & unusual punishment 1970 - if people of reasonable sensitivity found the treatment shocking or disgusting 14 th Amendment - no state shall deprive any
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