Perspective
Feb. 27, 2014
Prisoner sex change latest flare in 'cruel and unusual' debate
In recent decades, the high court has opined that inhumane prison conditions equal cruel and unusual punishment, and a slew of lawsuits have been filed alleging inhumane conditions. By Joseph Sorrentino
Justice Oliver Wendell Holmes stated "the common law is not a brooding omnipresence in the sky"; "the law is what the judges say it is." Over the years the judiciary has given different interpretations to the Eight Amendment ban against cruel and unusual punishment. In recent decades, the Supreme Court has opined that inhumane prison conditions equal cruel and unusual punishment, and a staggering number of lawsuits have b...
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