The Eighth Amendment protects against cruel and unusual punishment. Those protections apply in a corrections setting. You are a warden at a state correctional facility. You were recently assigned to a facility with a history of complaints about abuse that could constitute Eighth Amendment violations. You want to ensure that you are clear on parameters before attempting to develop policy on use of force, confinement, overcrowding, and restraint. You need to do your research.
- Use two cases from the state of Texas that provide insight into parameters of cruel and unusual punishment for those in confinement. Summarize the key takeaways from the selected cases.
- Explain how you would rely on that information to develop policy and procedure to ensure Eighth Amendment compliance.