| 词条 | Jackson v. Bishop |
| 释义 |
|Litigants=Jackson v. Bishop |Court=United States Court of Appeals for the Eighth Circuit |CourtSeal= |ArgueDate= |ArgueYear= |DecideDate=December 9, |DecideYear=1968 |FullName=William King Jackson, et al, v. O. E. Bishop, Superintendent of the Arkansas State Penitentiary |Citations=[https://openjurist.org/404/f2d/571 404 F.2d 571] (8th Cir. 1968) |Prior=Judges Gordon Elmo Young and Oren Harris consolidated three prisoners' actions and granted relief against "[t]he use of any such devices as the crank telephone or teeter board," against "[t]he application of any whipping to the bare skin of prisoners," and restrained the use of the strap "until additional rules and regulations are promulgated with appropriate safeguards." Jackson v. Bishop, 268 F. Supp. 804 (E.D. Ark. 1967) |Subsequent= |Holding= |Judges=Martin Donald Van Oosterhout, Harry Blackmun, Robert Van Pelt (D. Neb.) |Majority= |JoinMajority= |Concurrence= |JoinConcurrence= |Dissent= |JoinDissent= |LawsApplied=Eighth Amendment }} Jackson v. Bishop, 404 F.2d 571 (8th Cir. 1968)[1] was a case decided in 1968 on the Eighth Circuit Court of Appeals of the United States by then-judge Harry Blackmun. It abolished corporal punishment in the Arkansas prison system. IssueThe issue in the case was how to apply the Eighth Amendment's prohibition against cruel and unusual punishment to the conditions within a prison.[2] BackgroundArkansas rules authorized prison officials to beat inmates with a five-foot leather strap known as a "bull hide."[3] An earlier suit had resulted in a decision permitting the use of the strap, provided that "appropriate safeguards" were in place.[4] Blackmun's writingsFew precedents had existed for applying the Eighth Amendment to prison conditions.[5] In pre-opinion writings, Blackmun wrote that constitutional standards evolve, as opposed to remaining static; he noted that nearly every state had abandoned corporal punishment in prison.[6] Blackmun supported banning corporal punishment in prisons entirely.[7] OpinionBlackmun held that use of the strap in question is punishment that "runs afoul" of the Eighth Amendment.[8] He wrote that "any so-called safeguard is entirely unworkable" and that the strap "is abhorrent to public opinion."[9] ReceptionBlackmun's opinion received favorable notice from both the judicial and public community.[10] References1. ^{{cite court |litigants= |vol=404 |reporter=F.2d |opinion=571 |pinpoint= |court=8th Cir. |date=1968 |url=https://openjurist.org/404/f2d/571 |accessdate=2017-09-01 |quote=}} 2. ^Greenhouse, Linda. Becoming Justice Blackmun. Times Books. 2005. Page 30. 3. ^Greenhouse, Page 30. 4. ^Greenhouse, Pages 30-31. 5. ^Greenhouse, Page 31. 6. ^Greenhouse, Page 31. 7. ^Greenhouse, Page 31. 8. ^Greenhouse, Page 31. 9. ^Greenhouse, Page 31. 10. ^Greenhouse, Page 31. 6 : United States Court of Appeals for the Eighth Circuit cases|Cruel and Unusual Punishment Clause case law|1968 in United States case law|Penal system in Arkansas|1968 in Arkansas|Corporal punishments |
| 随便看 |
|
开放百科全书收录14589846条英语、德语、日语等多语种百科知识，基本涵盖了大多数领域的百科知识，是一部内容自由、开放的电子版国际百科全书。