Answers to the Questions
Cruel and Unusual punishment is any inhuman act that contravenes the basic human rights. Therefore, the test to determine whether the punishments are cruel or unusual should show how they are undermining the human dignity. For the conditions to be considered cruel and inhumane, we should assess if the conditions are contravening the basic human rights. We should have in mind that the prisoners are also human, and their basic human rights need to be upheld.
Deliberate indifference is a conscious and disregard of a person’s acts or omissions that would result to harm. In Law, the deliberate indifference standard is applied to establish if a professional has contravened the rights of a particular prisoner (Amy Newma, Eighth Amendment–Cruel and Unusual Punishment and Conditions Cases, JCLC. Rev. 979, 988 (1992)). Though it is challenging to identify what constitutes deliberate indifference, the courts have recognized scenarios where there is deliberate indifference. For instance, declining to take action to an inmate grievance is an act of deliberate indifference.
It is unconstitutional to confine a prisoner to a four-by-six-foot cell. The cells are usually poorly ventilated, a situation that raises the temperature, making it uncomfortable for the prisoner to stay in that cell. In fact, the four-by-six-foot cell means that the movement of the prisoner is very limited.
Keeping an inmate who smokes and a non-smoker in the same cell is not advisable because the passive smoking causes more health complications. The cells are usually poorly ventilated, and the airflow is limited because there is no air conditioning. Therefore, this poses a great health risk to the non-smoker (Sharon Dolovich, Cruelty, Prison Conditions, and the Eighth Amendment, 84 NYU L. Rev. 895, 962 (2009)). In essence, it is unconstitutional to keep a smoker and a non-smoker in the same cell.
The prison temperatures should be kept at 55 degrees. In this aspect, the low temperatures are maintained, a situation that removes the humidity and airborne germs. Therefore, it is advisable to maintain the temperatures of 55 degrees because the condition enhances the prisoners’ health by ensuring that they do not contact the airborne diseases (Sharon Dolovich, Cruelty, Prison Conditions, and the Eighth Amendment, 84 NYU L. Rev. 895, 962 (2009)). On the other hand, exposure to low temperatures may compromise the prisoners’ health. Even though the cool air kills disease-causing germs, it also causes serious health complications such as pneumonia, a health condition brought by breathing cold air for a long time.
Bibliography
Amy Newma, Eighth Amendment–Cruel and Unusual Punishment and Conditions Cases, JCLC. Rev. 979, 988 (1992).
Sharon Dolovich, Cruelty, Prison Conditions, and the Eighth Amendment, 84 NYU L. Rev. 895, 962 (2009).
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