Does the 8Th Amendment Apply to Pretrial Detainees?
The Ruling Reinforces the Principle That the Authorities Must Protect Prisoners in Pretrial Detention—Who Are of Course Innocent of Any Crime Until Proven...
The ruling reinforces the principle that the authorities must protect prisoners in pretrial detention—who are of course innocent of any crime until proven guilty in court. ... All convicted prisoners are protected by the Eighth Amendment of the U.S. Constitution, which forbids excessive or cruel punishments.
How is pretrial detention constitutional?
Pretrial detention is only supposed to be used to make sure that you will not flee before trial or pose a danger to other people. It is not supposed to be used to punish or rehabilitate you. This is because, under the U.S. Constitution, a person accused of a crime is presumed innocent until proven guilty.
What legal right for prisoners is covered by the 8th Amendment?
Under the Eighth Amendment to the U.S. Constitution, individuals convicted of a crime have the right to be free of "cruel and unusual" punishment while in jail or prison.