Indeed, the inmates must show that the correction staff were aware and took no measure to address eminent risks to inmates. Moreover, the inmate must prove that the correction staff’s failure to take any remedies led to fundamental violations of inmates’ rights. The high standards allow conditions of correctional facilities to circumvent the Eighth Amendment standards.
I support the removal of corporal punishment from the U.S. corrections system. Notably, the UN Declaration of Human Rights declared corporal punishment a violation of human rights in all settings including correctional facilities. As a result, many countries including the U.S have banned its use in the corrections system. Ideally, prisons should seek to punish, prevent, and rehabilitate criminals within the set standards. They should not advocate for the cruelty and brutality manifested in corporal punishment. Moreover, it is quite challenging to regulate corporal punishment in a manner that is acceptable to human rights advocates. Prison guards can abuse corporal punishment by instilling fear in the inmates. Furthermore, we have other alternative punishments that can apply to the U.S. corrections system. Such punishments are effective and may include life sentences, withdrawal of privileges, and solitary confinement. Effective Training in the Correctional System.
Fuehrlein, B. S., Jha, M. K., Brenner, A. M., & North, C. S. (2012). Can we address the shortage of psychiatrists in the correctional setting with exposure during residency training? Community Mental Health Journal, 48(6), 756-60.
Markel, D. (2001). Are shaming punishments beautifully retributive? retributivism and the implications for the alternative sanctions debate. Vanderbilt Law Review, 54(6), 2155-2242.
White, K. (2012). The constitutional limits of the "national consensus" doctrine in eighth amendment jurisprudence. Brigham Young University Law Review, 2012(4), 1371-1392.
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