Eighth Amendment



Eighth Amendment

Introduction

The Eight Amendment in the United States constitution spells out the prisoners' rights and guarantees that “No Cruel and Unusual” punishment will be inflicted on them. It constitutionally prohibits the federal government of United States from imposing the punishments on prisoners which they do not deserve. To ensure it's execution and compliance, State of Florida runs an entire department called “Department of corrections” which ensures the prisoners and inmates, free and full access to the courts. Department of Corrections is also responsible for educating the inmates about their basic rights in the prison as well as in the courts (like right to redress) (Federman, 2006). Department of corrections is also responsible for counseling the inmates about their legal issues so that they can access the courts in more effective and meaningful way.

The language of eighth amendment is quite vague, as objected by Representative Livermore in the debates when congress proposed it. But framers deliberately used vague language to subject this amendment to new interpretation over time. The Supreme Court has time to time in its judgments has endorsed and expressed the view that what constitutes “cruel and unusual punishments" ought to change over time as society's “sense of decency” evolves. The Eight Amendment has sparked much debate over the constitutionality of death penalty under US laws. Some legal experts think that Eighth Amendment has made capital punishment unconstitutional as it is unusual and cruel (Patterson, 2004).

Discussion

Department of Corrections (DC) in Florida is entrusted with the responsibility of taking care of the custody of inmates in state prisons. DC is also responsible for the supervision of offenders who are on parole or sentenced to probation. Inmates in the federal and state prisons of United States are constitutionally guaranteed with certain civil and constitutional in The Eighth Amendment. This amendment provides a protection to the inmates from cruel and unusual punishment and also spells out their right to due process, access to the courts, adequate medical care of inmates, their freedom of speech, freedom to practice religion, freedom from racial discrimination etc (Melusky & Pesto, 2003).

In the Department of Corrections, certain mechanism or standard operating procedures are in place to ensure the upholding of all these constitutional rights of inmates and protect them from denial or violation. The right to access to the courts is pivotal as it constitutionally protects the prisoners by providing them with the right of vindication and giving them a chance to defend themselves in court.

Right to Access to the Courts

Clause related to cruel or unusual punishment in the constitution of the state of Florida can be found in section 17 of article I. The standard mechanism which department of corrections employs to ensure the prisoner's access to the court is not confined to mere transportation. Department of Corrections provides the prisoners with an access to inmate law libraries. In these libraries, prisoners can read books related to their subject matter. Prisoners read law books covering the subject matter of those laws which applies ...