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Cruel and Unusual Punishment Related Questions

What is cruel and unusual Punishment?

Cruel and unusual punishment is an expression explaining penalties, which is believed to be intolerable due to the anguish, hurt, or disgrace it imposes on the damned individual. They especially include a number of types of capital punishment. Below are some of the most commonly asked questions about cruel and unusual punishment, that have been answered by Experts.

How can someone appeal or ask for a sentence modification if dealt with a cruel and unusual pubishment?

Case Details: A life sentence given due to violation of probation, in the state of Florida. Original case happened in 1995; judge never instructed defendant that a life sentence was possible, if a violation occurred. The case that caused a violation of probation was appealed and overturned on self-defense, and was not re-tried. This happened in 2005. What appeals and what motions can be filed?

A motion to vacate the probation violation needs to be filed, based on the fact the conviction that led to the probation violation being overturned. Depending on the original charge, unless it carries a life sentence, arguably the life sentence is too harsh and the original sentencing document and probation document should both be reviewed. This could be viewed as cruel and unusual punishment in violation of the constitution. An attorney should review the case file and evidence.

If someone was in prison and requested medical help that was denied; after being transferred to another facility they were diagnosed with cancer. If they had received the help when requested their life may have been saved, the family wasn’t even notified until after the death. Is there any means of recourse?

US Supreme Court determined that the failure to provide medical care to a prisoner is the same as cruel and unusual punishment, which is forbidden by the eighth amendment. The individual needs to think about retaining a personal injury legal representative.

Is it possible to speak with a judge directly about a bail reduction hearing without an attorney?

Case Details: Part of the reason is a threatening situation directed toward the inmate by other inmates.

The courts and the judge will not talk directly to a defendant concerning a bail reduction except if it was in open court with the prosecutor present, as that will be known as an ex parte message, which is forbidden. The prosecutor will be there to argue as to why there should not be a reduction in bail. On the other hand, there is nothing stopping the individual from filing a motion pro se (without an attorney). When the judge hears the motion the defendant would be able to argue the motion. This would involve being transferred from the jail to the court to present the argument as to why there should be a bail reduction.

If someone was shackled and put away in a holding cell with alleged murders, sex offenders, and the mentally unstable, denied access to the bathroom for 36 hours, and to make phone calls, does this constitute cruel and unusual punishment?

Case Details: The offender had been arrested for failure to stop and render aid.

Under normal circumstances, it is not considered cruel and unusual punishment to shackle a inmate, nor is it cruel and unusual punishment to place the inmate in a holding cell with charge killers, sex criminals, or the mentally unbalanced, or to reject a phone call with specific restrictions. On the other hand, it would be cruel and unusual punishment to deny an inmate right to use to a hygienic means of using the bathroom for a day and a half.

Is it legal for the Camden County Sheriff's department located in Camdenton, Missouri, to serve oatmeal for breakfast from a packet that is labeled "not fit for human consumption?

Case Details: An inmate had informed a family member that was what they were feeding them.

This is against the law. The US Supreme Court has stated that cooking needs to be reasonable saying that it is intolerable if the cooking is unsanitary and "grossly inadequate." This can go under cruel and unusual punishment, and legal action could be taken. On the other hand, the jail might be doing this as a "prank," placing these labels on the packages in a way similar to the Arizona Sheriff Joe Arpaio that makes their inmates put on pink attire. If the cooking is ok, then no case will exists.

Cruel and unusual punishment can lead to many questions. Experts frequently answer questions on a wide range of topics like definition of cruel and unusual punishment, 8th amendment cruel and unusual punishment, cruel and unusual punishment death and more. Whether someone is unsure of the provision of law, and needs a second opinion or a clarification, all someone needs to do is ask an Expert for quick and affordable answers.
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