The 8th amendment of the U.S constitution protects individuals and inmates from cruel and unusual punishment. According to Brownstein “Guards now punish inmates who refuse to work or misbehave by taking away privileges such as phone, visitation, and solitary confinement.” (Alabama’s ‘unusual” Legacy) In correctional institutions the purpose is still punishment; however, their methods have changed and improved to protect the safety of inmates. The goals are to provide security, ensure the incarceration is humane and give inmates the opportunity to develop positive lifestyle. Many programs are available for inmates, such as rehabilitation, education, counseling, and religious opportunities. There are also work force programs for those who have less than year remaining. Inmates are aware of their constitutional rights and law suits have increased. Law suits are necessary to protect inmates and determine misconduct of the prison facility. In Estel v Gamble was a filed lawsuit due to denial of medical attention. Supreme Court stated inmates cannot be denied medical access and must be able to receive when needed within reason. In Cruz v Beto, a guard in prison facility denied Cruz the ability to attend a religious service. Supreme Court says that correctional institutions must give inmates reasonable opportunity to peruse religious fate. Historically physical pain or torture many times was used to punish versus prison time and was used as a deterrence of crime for individual and others to commit crime. Modern forms of punishment besides jail sentences are community service, restitution, and probation. In some instances, if an individual kills someone by means of drunk driving, part of their punishment was to have a picture of victim in wallet to remind them of the consequence by of their actions. Now due to constitutional rights protecting inmates and people from those methods, courts and government must find alternative way to deter people from crime. Some techniques used to prevent crime are signs and billboards that state the consequences of breaking a law. For example “Click it or ticket”. Commercials have also played a significant role in reducing crime. Drunk driving commercials that show repercussions and how the actions could be deadly. Three strikes law is another method used for those individuals already in the criminal justice system.

Methods of handling criminal offenses have changed drastically throughout time. The thought behind physical pain as punishment and the unpleasant stay in prisons had good intentions behind it. The extreme degree of punishment set forth by the judicial system of the past allowed criminals to realize the extent of their crime. At the same time witnessing of the excessive punishments deterred future deviance. Methods were taken to an extreme and death occurred. Criminal statistics in the 18th century showed the percentage of crime was less due to the fear of punishment. I believe there is too much lenience with inmates and criminals. The basis of their actions in the past worked. Prison facilities are made too comfortable and the inmates return time after time. True rehabilitation and deterrence does not work now because of all the rules and protections criminals have. The protection against cruel and unusual punishment in facilities is necessary to ensure safety; however, the individual choice to commit an offense is imminent and the punishments should fit the crime. Most criminals begin deviant behavior as juveniles; rehabilitation should be enforced at that time. When juveniles commit delinquent acts, the punishment is not strict or harsh enough, therefore escalating their criminal behavior. The punishments for juveniles should be stronger and stricter to prevent future acts. With modern technologies and privileges in prison it’s no wonder that criminals return. Prison facilities need to be more like no frill prisons. No frill prisons are correctional institutions that take away prisoner amenities and privileges; such as, no TV, visitor, hot meals, or exercise. The no frill prisons leave any room for enjoyment or conformability, therefore people may think twice about committing a crime.

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The purpose of jails and prisons are to punish the offenders. Correctional institutions are responsible for carrying out punishments and sentences given by courts. Maximum security prison facilities like Attica, Sing Sing, Elmira Reformatory and Clinton state prison were developed in the early 1900’s. These facilities were known to have correctional officers take punishment into their own hands. When an inmate misbehaved, the correctional officers punished them by putting them in solitary confinement with only one meal a day, whipping, and water “cures, “stocks,” stretchers,” and the sweatboxes were all widely used in American prisons well into the 20th century. (NY Prison System) Historian Dixie Dysart researched conditions in prisons and stated as part of punishment when inmates were assigned to the doghouse, they were forced to consume a laxative so they can defecate on themselves. (Tara Malone) There were many cases that influenced changes in the American prison system. In the 1990’s Alabama state prison had the use of a hitching post for punishment, which was considered to be cruel and unusual behavior toward inmates. The use of a hitching post was a horizontal metal bar and inmates were handcuffed in a standing position. This hitching post was established to punish those who refused to work. Department of corrections had standards in which the facility must uphold; however, the inmate often times would be denied bathroom, water and would be left on post for hours at a time. At arrival of prisoners they were given two options “Work on the chain gangs or face the consequences. And as many inmates soon learned, the consequence was a metal restraining bar with handcuffs called the hitching post.” (Tara Malone) Chain Gangs are when prisoners are chained together to perform physical labor. Gov. Fob reinstated prison chain gangs as part of a get tough on criminal’s initiative. (Tara Malone) Larry Hope was an inmate in Alabama state prison and was handcuffed twice to a hitching post for disruptive behavior. “Prison guards handcuffed Hope above shoulder height, and when he tried moving his arms to improve circulation, the handcuffs cut into his wrists on both occasions. During the second incident, guards ordered Hope to remove his shirt and he spent seven hours on the hitching post in the sun. While there, he was given one or two water breaks, but no bathroom breaks.” (Hope v Pelzer) Hope filed a suit for cruel and unusual behavior on behalf of the security guards. Supreme court ruled in favor of Larry Hope and stated a substantial risk of physical harm, unnecessary pain, unnecessary exposure to the sun, prolonged thirst and taunting, and a deprivation of bathroom breaks that created a risk of particular discomfort and humiliation.” (Legal Action) Due to this case hitching posts are no longer used. In Holt v Sarver the entire Arkansas prison system was declared unconstitutional due to inflicting cruel and unusual punishment on inmates and interfering with their access to court. The description of Arkansas state prison of cruel and unusual punishment is “Confinement in punitive isolation was for an indeterminate period of time. An average of 4, and sometimes as many as 10 or 11, prisoners were crowded into windowless 8′ x 10′ cells containing no furniture other than a source of water and a toilet that could only be flushed from outside the cell. At night the prisoners were given mattresses to spread on the floor. Prisoners in isolation received fewer than 1,000 calories a day; their meals consisted primarily of 4-inch squares of “grue,” a substance created by mashing meat, potatoes, oleo, syrup, vegetables, eggs, and seasoning into a paste and baking the mixture in a pan. Some prisoners also suffered from infectious diseases such as hepatitis and venereal disease, because mattresses were removed and jumbled together each morning, then returned to the cells at random in the evening.”(Holt v Sarver) Most prison facilities now have to have accreditation by the American Accreditation Association and the Commission on Accreditation to ensure standards of practice, programs, operations of facility and overall safety of inmates is within guidelines. Having an accreditation helps the credibility of the facility and protects against lawsuits.

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Punishment and Deterrence: how it has changed throughout time?

Are physical and bloody methods of punishment effective in deterring criminals? Does the thought of being humiliated and ridiculed in front of others make you think twice about committing a crime? Criminal acts have always had consequences punishable by law. There are several methods of punishments used throughout history, mainly physical pain or torture. Constitutional rights have made an impact on modern methods of punishing inmates, such as rehabilitation and modified prisons. The intention behind deterrence has remained the same through past and present, the difference between now and then is in implementation of the methods used.

Types of crimes usually determine the severity and method of punishment or sentence used on criminals. In the 18th century officials believed if a criminal’s punishment was severe and painful enough, the act would not be repeated and others would deter from crime as well. There were many methods of corporal punishment; most common types were branding, scold’s bridle, pillory, mutilation and whipping. Branding is used to punish criminals for various types of crimes. A hot iron would be placed on the hand or cheek with the letters “T” for theft or “M” murder, the letters would vary on the offense.  Branding was often carried out in courtrooms; its purpose was to distinguish them as criminals in society. (Punishment) Gender specific crimes that were designated for women were, gossip, slander, and cursing. These offenses were punishable by wearing scold’s bridle also known as brank. Wikipedia defines Scold’s Bridal as “A torture device for women resembling an iron muzzle or cage for the head with an iron curb projecting into the mouth and resting precariously atop the tongue. The curb was frequently studded with spikes so as to cruelly torture the tongue if it dared stir.” Many women that received this punishment were deterred from committing future acts. For crimes of fraud, sodomy, and extortion pillory was used as a way to discredit and disgrace the convict. In a public and crowded place a stage is set up and a wooden structure in the shape of a “T” is posted in the middle. The criminal then has his head and arms locked in place and positioned to face the crowd. The crowd then throws rotten eggs, blood, dead cats, guts, bricks or stones at usually male criminals. The punishment would last about an hour and in some instances would result in death due to abuse.  (Dr. Paul Leighton) Mutilations occurred with offenses such as stealing or disrespect or dishonesty. Hands were cut and fingers were torn off if found guilty of stealing. Both police and public agreed that due to the excruciating pain of mutilation, this was a good way to prevent criminals from stealing. For women caught with disrespecting husbands or lying their lips were often cut off. Out of all the punishment methods of whipping was the most implemented. Most often convicts were taken to the scene of the crime and publicly whipped or flogged on their bare back until it was bloody. This served as a form of deterrence because spectators were watching the consequence that comes from committing crimes. These punishments received were the criminals sanction for criminal acts. Most punishments were not in conjunction with prison sentences; however toward beginning of the 19th century due to the increasing deaths these torturous acts were abolished.

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 I don’t think that the punishments themselves are what of kind of being blown out of proportion, it is the sentencing. Giving someone twenty years in jail for possession of cocaine in my mind is ridiculous. There is no doubt in my mind that it is a despicable thing to do, but it is not hurting anyone else if some idiot wants to sniff his life away. If someone is going to be sentenced to twenty years in jail for cocaine, then why not the same sentence for marijuana?

 I understand that possession of cocaine is a serious offense, but twenty years for just having it sounds unbelievable to me. Yes drugs are extremely bad, but it is not like if you throw a bag of weed at someone they will fall on the floor and die. And there are some narcotics that I believe should not even be illegal. But yet again, that is only my opinion.

 Such offenses as gun charges are on point with the sentences that the courts give. If you are man enough to take someone else’s life with no concern, then you should be ready to give up your own life if you get caught. How can you live with knowing that you took someone off the face of the earth? That person will never be seen, hugged, kissed, or touched again. It is a harsh reality to comprehend.

 I even believe that people who rape other people should get the death sentence. You did not kill someone physically, but emotionally that person will “never” be the same again. Living life after being raped will obscure your emotions about being in love and having sexual intercourse. When the person who got raped is ready to have a child, all they will think about is how they got raped and their mind will bring them back to that awful traumatizing experience. Raping someone is by far one of the worst things a human can do to another human.

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 In addition, Luther M. White was placed on probation for thirty years and also banned from doing business with the FDOT. He was separately fined ten-thousand dollars and made liable with the company for restitution and costs. Mr. White was a family member who ran the company. This investigation was initiated by the Office of Inspector General of the Florida Department of Transportation, assisted by the Office of Inspector General of the U.S. Department of Transportation and the Florida Department of Law Enforcement.

 In Virginia, a man named William Eliot Hurwitz was charged with illegal and excessive distribution of drugs. He is a doctor in Virginia, and was prescribing some of his patients 1,600 pills a day. Hurwitz was sentenced to twenty-five years in prison and is ordered to pay a fine of one million dollars for his conviction on illegal drug distribution charges. He was also distributing oxy cotton illegally to some of his patients. The investigation was later named operation “Cotton Candy”.

 The world we live in is far from perfect. Whether we see the crimes being committed around us or not, they will occur. It is completely impossible to cease every person in the world from committing an unlawful act at one time or another. Yet, when we catch the criminals, they are faced to pay the consequences that the law demands which varies from state to state and country to country.

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