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Old 05-16-2012, 10:30 AM   #41
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Default Re: Wrong man was executed in Texas

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Originally Posted by Drewski View Post
Oh I am aware. I was reading up on "cruel and unusual punishment" taken from the Furman v Georgia case heard before the SC.

Below were their four "items" making something cruel and unusual:

The "essential predicate" is "that a punishment must not by its severity be degrading to human dignity," especially torture.
"A severe punishment that is obviously inflicted in wholly arbitrary fashion."
"A severe punishment that is clearly and totally rejected throughout society."
"A severe punishment that is patently unnecessary."

Not sure where meeting the very basic nutritional needs or solitary confinement hits the above.

Source
Cruel and unusual punishment - Wikipedia, the free encyclopedia
I worked in corrections for quite a while, and you cannot just do stuff.. there is a lot of scrutiny. advocates, laws and a lot of oversight.

If two inmates assault a corrections officer, you can put them in solitary, but you have to afford them a hearing with all procedure safeguards before you can keep them there.

Every infraction is covered by policy and due process, incluging the right of appeal for the inmate.. it can get very taxing and complicated. Ypu have to live by the letter of the law...
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Old 05-16-2012, 10:35 AM   #42
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Default Re: Wrong man was executed in Texas

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Originally Posted by DarrylS View Post
I worked in corrections for quite a while, and you cannot just do stuff.. there is a lot of scrutiny. advocates, laws and a lot of oversight.

If two inmates assault a corrections officer, you can put them in solitary, but you have to afford them a hearing with all procedure safeguards before you can keep them there.

Every infraction is covered by policy and due process, incluging the right of appeal for the inmate.. it can get very taxing and complicated. Ypu have to live by the letter of the law...
I was speaking in a hypothetical world where the Death Penalty is replaced by a different "system" of punishment for the worst of the worst.

I wasn't talking to a "hey just let Officer X do what he or she feels fits the inmates crime".

Jail should be hard and scary, and harder and scarier for the worst offenders.
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Old 05-16-2012, 10:53 AM   #43
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Default Re: Wrong man was executed in Texas

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I was speaking in a hypothetical world where the Death Penalty is replaced by a different "system" of punishment for the worst of the worst.

I wasn't talking to a "hey just let Officer X do what he or she feels fits the inmates crime".

Jail should be hard and scary, and harder and scarier for the worst offenders.
You have less and more restrictive systems within a prison system/complex, but that is usually based on security needs. Some are more and some are less restrictive, but in every system, except death row,there is usually a way out to a less restricitive setting within the prison.... conversely a new prisoner who is put in a less restrictive setting and continually violates rules can move to a more restrictive setting.

After sentencing it is usually up to the prison to decide who goes where, and your crime has a lot to do with it, but you cannot arbitrarily just put people in the most restrictive, punitive environment with no reason. Prison is a very behavioral system, good behavior is rewarded and bad behavior is punished.

When you enter a system after being found guilty, you are classified dependent on your "ecurity needs" and sometimes gang affiliation.. but some of the worse offenders are the easiest prisoners to deal with. Prisons are some of the fairest systems in the world..

You annot just arbitrarily impose a system on the worse offenders, because their punishment is being there.. if they come in and violate rules, then you can do something.

For example, in RI we have a prison complext with varying layers of security.. supermax, maximum, medium and minimum security/work release, and intake.

Have never heard of someone being sentenced to Supermax, which is extremely restrictive and allows minimal movement and privileges.. people are put there because they committed a serious act or a series of acts that are dangerous to the overall population.

The rest of the securities inmates can move around, either more restrictive or less restrictive.. dependent on their behavior..

But everything is governed by due process; hearings, appeals and rights... there is a lot you cannot just do, you have to abide by many rules and many court rulings.
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Old 05-16-2012, 11:06 AM   #44
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Default Re: Wrong man was executed in Texas

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Originally Posted by DarrylS View Post
You have less and more restrictive systems within a prison system/complex, but that is usually based on security needs. Some are more and some are less restrictive, but in every system, except death row,there is usually a way out to a less restricitive setting within the prison.... conversely a new prisoner who is put in a less restrictive setting and continually violates rules can move to a more restrictive setting.

After sentencing it is usually up to the prison to decide who goes where, and your crime has a lot to do with it, but you cannot arbitrarily just put people in the most restrictive, punitive environment with no reason. Prison is a very behavioral system, good behavior is rewarded and bad behavior is punished.

When you enter a system after being found guilty, you are classified dependent on your "ecurity needs" and sometimes gang affiliation.. but some of the worse offenders are the easiest prisoners to deal with. Prisons are some of the fairest systems in the world..

You annot just arbitrarily impose a system on the worse offenders, because their punishment is being there.. if they come in and violate rules, then you can do something.

For example, in RI we have a prison complext with varying layers of security.. supermax, maximum, medium and minimum security/work release, and intake.

Have never heard of someone being sentenced to Supermax, which is extremely restrictive and allows minimal movement and privileges.. people are put there because they committed a serious act or a series of acts that are dangerous to the overall population.

The rest of the securities inmates can move around, either more restrictive or less restrictive.. dependent on their behavior..

But everything is governed by due process; hearings, appeals and rights... there is a lot you cannot just do, you have to abide by many rules and many court rulings.
Thanks for sharing your personal insight with me from your time working in the prison system.

Very informative.
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