31-c-3 Eighth Amendment Claims

LibraryA Jailhouse Lawyer's Manual (2020 Edition)

31-C-3. Eighth Amendment Claims

The Eighth Amendment of the Constitution prohibits "the unnecessary and wanton infliction of pain"93 and punishment that is "grossly out of proportion to the severity of the crime."94 California courts have rejected the argument that the debriefing process95 constitutes an Eighth Amendment violation because it could subject a prisoner to retaliation from other gang members, thereby placing his life and well-being at risk. They have generally found this...

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