8th Amendment: Prisons and Proportionality

Weems v US

Painful labor / chaining of leg to wrist for 15 years was cruel and unusual; punishment should be proportioned to offense

Trop v Dulles

Taking away someone’s citizenship was cruel and unusual; basic concept underlying 8th amendment is dignity of man

Hutto v Finney

Horrific prison conditions can (and did) violate 8th amendment

Hope v Pelzer

When inmates subject to corporal punishment (deliberate infliction of pain), often violation of 8th.

Can’t chain someone to a pole with no water in the heat, have him watch dogs drink water

Pearson v Ramos

To confine in solitary a prisoner who constantly acts out is the “least cruel measure” — not violation of 8th

Solitary confinement

No general restrictions under 8th; only violation when unconnected to specific and proportional cause for it

Harmelin v Michigan

Cruel and unusual punishment has nothing to do with sentence length

US v Gementera

Humiliation / shaming not necessarily cruel and unusual.

Sandwich board was good for rehabilitation / deterrence

Johnson v Phelan

Female prison guards observing male prisoners when naked not unconstitutional

Worried for what negative ruling would mean for employment of female guards