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Legislation on Prisoner Care: WILL LAWMAKERS PREVENT COURTS FROM TREATING RIGHTS DEPRIVATION AS EIGHTH AMENDMENT CLAIMS IN PRISONS?



A somber prison scene with empty food and water trays on the floor, a broken faucet dripping in the background, and a simple bed with a worn-out mattress. The scales of justice are prominently displayed in the center, symbolizing the legal challenges faced by prisoners. The bold text overlay at the top reads 'DEPRIVATION ISN'T JUSTICE,' emphasizing the message of the image.
WILL LAWMAKERS PASS LEGISLATIONTending The Peace

In most States and the Federal system, a convicted person is sentenced to confinement, not deprivation of safety, nutrition, hydration, housing, and medical care. However, most State and Federal courts analyze prisoner conditions of confinement claims as Eighth Amendment claims. Eighth Amendment claims require a high hurdle to win. They also require a showing of deliberate indifference, something that would never be found acceptable to require someone outside of prison to prove.


Convicted persons are sentenced to imprisonment, which means confinement, which causes stress by noncorporal means. Deprivation of safety, nutrition, hydration, housing, and medical care is not what a convicted person is sentenced to. If these deprivations are not components of a person's sentence, why would they be analyzed to determine whether or not they equal cruel or unusual punishment when they are not part of the punishment to begin with? Analysing these claims under the Eighth Amendment is contrary to equity and holding people accountable.


Outside of long-term sexual harassment claims, there are little to no million-dollar verdicts for prisoners. It is extremely difficult for any prisoner to win a civil lawsuit by trial. In very rare cases where prisoners have won a verdict, juries are reluctant to award any significant amount of damages. Most attorneys will not touch lawsuits filed by prisoners because the verdicts are generally less than the cost of the investigation and trial. Attorneys also do not take on lawsuits by prisoners if they believe they are frivolous. Prisoners face an uphill battle in advocating for relief. Analyzing prisoner claims as Eighth Amendment claims and requiring a showing of deliberate indifference only disparages the protection of rights. Where there is no remedy or consequence for violating civil rights, there are no rights. It is like reducing crimes of child abuse committed by abusive parents as civil infractions and not crimes. There would be no fear of repercussions if there is no accountability.


Crime victims are owed the confinement of convicted persons sentenced to prison. Crime victims support just criminal convictions and sentences; they do not support the unlawful conditions of confinement and know that deprivations of safety, food, water, housing, and medical care are not part of a prisoner's sentence.


Prisoners must be afforded safety, food, water, housing, and medical care. When things are absent, there should be no hurdles to their correction. Prisoners should only be held to the standard of proof in any other civil matter and that is proof by the preponderance of the evidence standard.


Let us encourage our State and Federal Lawmakers to pass legislation to prevent courts from analyzing unlawful conditions of confinement as Eighth Amendment claims when they are not conditions of punishment. Let's stand together and walk in the footsteps of peace.

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