Is the constitutional defense of prisoner abuse in jeopardy?

Eighth Amendment, Bill of Rights:

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Prisons are a hot spot for violations of the 8th Amendment! 

Since I got into this prisoner advocacy business a few decades ago, I have seen flagrant examples of “cruel and unusual punishments.” It is not uncommon for HFP team members to deal with topics like--- 

-Solitary confinement

-Medical care or lack thereof

-Mental health issues

-Excessive force

-Sexual and psychological abuse

Etc. 

The 8th Amendment has been our ammunition for fighting cruel and unusual punishment, but now I’m hearing that there’s a possibility that even this weapon might get weakened. Here’s a notice I received from the Marshall Project this week: 

When the U.S. Supreme Court hears the case of Grants Pass v. Johnson later this month, the justices will consider how far cities can go in policing homeless people. But just as the court swept away a half-century of precedent by overturning Roe v. Wade, the justices could use this case about homelessness to upend how we interpret four key words in the Bill of Rights — “cruel and unusual punishments.” 

Their decision could have ramifications across a wide swath of the criminal justice system, including prison conditions and the death penalty. 

That makes me feel so helpless. What can the little guy do about cases that appear before the highest court in our land? The opinions of Doug Tjapkes, based on actual cases, will not sway U.S. Supreme Court justices! 

As a little guy, it feels like there is so little I can do. 

But then I am reminded: There’s one big thing I can do! 

I can pray.

 

 


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