8th Amendment Research Paper

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The United States Constitutional right that is applicable to inmates is the three amendments which are the first, fourth, and eighth amendments. The constitutional rights are not absolute and may conflict with the broader needs of society. Courts must examine government rules to determine exactly which behaviors have been infringed on or have not because guidance from the higher courts was lacking, many of the tests developed by the lower courts to resolve these cases were contradictory.
While inmates do not receive all of the rights granted to non-prisoners under the Constitution, the Eighth Amendment does protect prisoners from treatment determined to be "cruel and unusual" in nature. The term "cruel and unusual" was originally coined by the U.S. Supreme Court during the 19th century in reference certain methods of execution and torture practiced by other nations, such as beheading and burning alive. Today, any condition that violates basic human dignity can be labeled cruel and unusual.
Inmates are entitled to emergency, long-term, and preventative medical care provided by the state or federal government. The quality of care must also be on par with what a non-prisoner would receive in the United States. Prisoners may also receive counseling and psychiatric treatment. If an inmate is to be relocated to a mental health facility, he may request a hearing to potentially prevent the transfer. However, inmates forced to take anti-psychotic drugs under court order are not guaranteed a hearing. Disabled inmates receive the same protections as other citizens with disabilities under the Americans with Disabilities Act, which grants them the right to equal access to all prison facilities.
While inmates are guaranteed the right to religious worship, other freedoms protected under the First Amendment may be restricted if they interfere with the safe and secure operation of a prison facility. As such, prisoners are not guaranteed a right to assembly or free speech (for example, prison officials may prohibit prisoners from speaking to journalists or other members of the media). Inmates may
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