Death Penalthy as Punishment

“The rights of inmates include the following: the right to humane facilities and conditions, the right to be free from sexual crimes, the right to express condition complaints, the right to assert their rights under the Americans with Disabilities Act, the right to appropriate mental health care, the right to a hearing if they are to be moved to a mental health facility” (FindLaw, n.d., para 1). When an individual is incarcerated, they lose most of their rights. For example, the right to privacy. However, inmates still maintain some rights protected under the 1st, 8th, and 14th Amendments. Inmates retain the right to free speech (1st Amendment) but, it cannot interfere with their status as an inmate. (HG.org, n.d., para 8). Next, inmates are free from cruel and unusual punishment under the 8th Amendment. Finally, inmates are protected against discrimination under the 14th Amendment. This includes discrimination based on sex, race, age, etc.

In Furman v. Georgia the issue in this case was if the death penalty constituted cruel and unusual punishment, violating the 8th and 14th Amendments. The court decided that the death penalty in this case did violate the amendments. The issue in Gregg v. Georgia is the also asking if the death sentencing is violating the 8th and 14th Amendments however, it was concluded it did not violate the amendments. In McClesky v. Kemp, a study was done to see if the sentence violated the 8th and 14th Amendments. It was found that there was no constitutional violation. In Ford v. Wainwright, the issues were to see if the 8th Amendment of cruel and unusual punishment was violated and if due process under the 14th Amendment was violated. The court found that both of these amendments were in fact violated. Next, Thompon v. Oklahoma, the issue here to if an execution of a 15-year-old, convicted of murder, violated the 8th Amendment. It was concluded that the execution of a person under 16-years-old did violate the 8th Amendment. In Standford v Kentucky, the issue was if the death sentence for capital convicted offender under 18-years-old violated the 8th Amendment. It was found it did not violate the amendment. Finally, in Kennedy v. Louisiana, the issue was if the 8th Amendment was violated for a punishment of a death sentence for an offender convicted of child rape. It was concluded the 8th Amendment was violated.

Criteria that is used to classify an inmate's risk include: the severity of the charge, existing warrants, sentencing status, criminal/escape history, institutional disciplinary history, age, employment, residence, substance abuse, and family relations. Needs that are assessed fall under four different areas including: medical condition, mental condition, intellectual capacity, and substance abuse.

The Pains of Imprisonment was brought fourth after a close study of a maximum-security prison. “For Sykes the pains of imprisonment are the deprivations of liberty, goods and services, heterosexual relationships, autonomy, and security” (Scott, n.d., 1). Inmates face frustrating conditions because of the deprivations they face. Furthermore, even if prison conditions improve and it becomes a pleasant environment, the deprivations remain stable.

Typical information included in a presentence investigation report include: the charge, personal history of the offender, social/emotional status, criminal record, and an elevation of the offender. The charge is going to describe the current issue on why this offender got arrested. Personal history is going to include family information and education. The social/emotional status is going to describe the offenders current state of mind. The criminal record is going to include previous juvenile charges and adult record. The elevation includes the probation officer’s assessment of the offender.

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