Eighth Amendment

• Eighth Amendment: Further Guarantees In Criminal Cases

• Constitution of the United States (Annotated)

• Exploring a Prisoner's Eighth Amendment Right to Health Care

Correctional nurses supply a substantial portion of a prisoner's health care. In order to effectively provide this care, these health care providers need to understand a prisoner's Eighth Amendment right to avoid cruel and unusual punishment. The author, in this article, provides nurses with an understanding of the Eighth Amendment by discussing the history of the Eighth Amendment, explaining the two-prong Estelle test for determining whether a prisoner's Eighth Amendment right has been violated and exploring, through case law, common types of deliberate indifference identified by LaFarge (2007) in A Jailhouse Lawyer's Manual. Finally, the author offers a perspective on whether the Eighth Amendment will one day entitle prisoners with the right to complementary and alternative medicine.

• Journal of Nursing Law
• Vol. 13 Nbr. 3, October 2009

• Hurt v. Eighth Amendment to the U.S. Constitution, (4th Cir. 2009)

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ...

• Federal Circuits

• Eighth Amendment gaps: can conditions of confinement litigation benefit from proportionality theory?

Introduction I. A Brief History of Eighth Amendment Interpretation A. Early Interpretations of "Cruel and Unusual" Punishments B. Modern Interpretatio...

• Fordham Urban Law Journal
• Vol. 36 Nbr. 1, January 2009

• And Unusual: Examining the Forgotten Prong of the Eighth Amendment

By focusing instead on "society's evolving standards of decency" and making what are ultimately subjective conclusions about the state of the death penalty in America, the Court has "not attempted to tie its embrace of broad judicial discretion to the original understanding or even to a close historical analysis of the Eighth Amendment." [...] Atkins was decided, "even among those States that regularly execute[d] offenders and that [had] no prohibition with regard to the mentally retarded, only five [had] [actually] executed offenders possessing a known IQ less than 70" between 1989-2002.77 Therefore, the counterargument contends that it is inaccurate to say that twenty states permitted the death penalty for mentally retarded individuals simply because they did not specifically forbid ...

• University of Memphis Law Review, The
• Vol. 38 Nbr. 2, January 2008

• Domestic violence, flawed interpretations of 42 U.S.C. s. 1437D(l) (6), sexual harassment in public housing, and municipal violations of the Eighth Amendment: making women homeless and keeping them homeless.

PREFACE Poverty is the worst form of violence. (1) Homeless women accompanied by at least one child comprise the fastest growing segment of Americ...

• Jones Law Review
• Vol. 13 Nbr. 1, September 2008

• Using Graham v. Florida to Challenge Juvenile Transfer Laws

Introduction - I. Graham and eighth amendment jurisprudence - A. How Terrance Graham Received a Life without Parole Sentence - B. The Changing Nature of Eighth Amendment Jurisprudence - II. The collateral holdings of Graham - A. Stare Decisis and Holdings - B. The Court’s Perspective on Rehabilitation - C. The Court’s Perspective on Adult Decisionmakers in the Justice System - III. Using Graham to challenge transfer laws - A. Eighth Amendment Challenges to Transfer Laws - B. Revisiting Kent and Previous Challenges to Transfer Laws - Conclusion

• Louisiana Law Review
• Nbr. 71-1, October 2010

• How the Tenth Circuit's Ruling in Martinez V. Beggs Affects the Deliberate Indifference Standard for Eighth Amendment Claims

In Martinez v Beggs, the Tenth Circuit held that prison officials were not liable under Section 1983 for a detainee's death. Because the prison officials were not "deliberately indifferent to the specific risk" of the harm, which in this case was a heart attack that led to the detainee's death, the court reasoned that the prison officials were not liable under Section 1983 for violating the detainee's Eighth Amendment rights. Understanding how the Tenth Circuit's decision in Martinez disregards prior Tenth Circuit precedent and unreasonably changes the deliberate indifference standard requires reviewing the facts and reasoning in Martinez and the Supreme Court's precedent concerning pretrial detainee's Eighth Amendment rights. The correct standard for determining Eighth Amendment violat...

• Brigham Young University Law Review
• Vol. 2010 Nbr. 1, January 2010

• International consensus as persuasive authority in the Eighth Amendment.

This Article is about the epistemic significance of international consensus on constitutional interpretation in the Eighth Amendment context. First, t...

• University of Pennsylvania Law Review
• Vol. 156 Nbr. 1, November 2007

• The antidiscrimination Eighth Amendment.

I. INTRODUCTION II. COLONIAL RECEPTION III. THE EIGHTH AMENDMENT IV. ADOPTION IN THE STATES V. IMPLICATIONS FOR INTERPRETATION VI. WHAT THE ENGLISH BI...

• Harvard Journal of Law & Public Policy
• Vol. 28 Nbr. 1, September 2004