Do you believe the 8th Amendment prohibition of cruel and unusual punishments should apply to the state and federal prisons?

[Kelley1]

On September 4, 2003, President George W. Bush signed into law the Prison Rape Elimination Act (PREA) of 2003 (P. L. 108-79). The goal of PREA is to eradicate prisoner rape in all types of correctional facilities in this country.

Prison Rape Law is Twenty-Years-Old, But Most States Are Not In Compliance.

Women's rights attorney Gloria Allred has represented several hotel assault victims, including Kayla Snipe who was raped in her hotel room in 2015. Snipe's attacker was given a key to her room without an ID check at an Embassy Suites in South Carolina. The case settled out of court.

If hotels are responsible and can be sued when guest are assaulted on their premises, the states, wardens, and guards are also responsible and prisoners should be allowed to sue and collect damages when they are assaulted and the prisons did not take adequate steps to prevent it.

[smne35]

You know man if only people if only more people would read the Bible stop being hardheaded stop trying to show how big and bad they are that I'm an atheist i just exist. I'm just here so if many more people would just do the right thing. God gave us the rules to live by. He gave us the codes to treat each other with our morals. Dignity respect. I'm give a damn how many laws they pass. You cannot pass a law of to force people to get along that's got to happen on its own. I mean after all it was governments that caused all this mess about us being as we are today and now they're trying to pass laws to clean up their mess to say hey hey get along. Don't work like that. Just read the Bible. Is all you need to how treat each other and live. We don't need governments. We don't need kings. We can govern ourselves. I don't need no government representative to go across the way to negotiate what I need from that country's resources. Just meddling control make it worse. We go back to the good book everything's in there. How we should be with each other, get along and harmony. That's how I've always seen the world. Not how everyone else does but how it should be. Maybe one day it'll be that way. Maybe one generation will figure out. Hey old ways ain't working. Let's try something new

[Kelley1]

Very good. You are right about government but most people love government, especially big government.

[smne35]

Yes and that's because they're willing to let someone tell them what to do which only influence or manipulate their views my point is we should never elevate another human above us

[standardguy]

Children (0-13) must not be in prison at all and youth (14-21) should have own prisons with social workers instead of poice men like clerks. In this youth age it decides if a person first time in prison will ever return to prison or stays on a more moral way after release.

[standardguy]

(0-13) means 0 - 13

[whirled_up_girl]

I think a lot hotels now also have a dead bolt that make it so the door cannot be opened from the outside. I think it has to be sawed open from the outside. Maybe because of the hotel case, I don’t know.

[Kelley1]

That makes sense. After all, it will not be locked if no one is inside.

[Anonymous]

Unfortunately, PREA doesn’t cover a case when it’s a staff member, that’s been raped by a prisoner.

[exitseven]

Prison is not supposed to be a vacation. Maybe if it is bad enough they will think twice before reoffending.

[Kelley1]

You are just like the people that conducted the Spanish Inquisitions with a total lack of humanity.

[exitseven]

I have plenty of humanity towards the victims. Not much for criminals. If it was up to me they would still be chopping off the hands of robbers/

[joehypo1]

Thats a pretty good question and some prisons do comply with that and a lot of them dont some prisions are pretty corrupt check out attica or you may already know what happened there if not the movie against the wall is about attica

[Anonymous]

Prisons need to do a better job; but suing the government is the hardest case to win.

[Kelley1]

It is impossible but it shouldn't be.

[Zestyassmf1997]

Sounds like what you’re saying makes sense.

[abc3643]

It already does apply.

[Kelley1]

It doesn't apply when it is not enforced and victims cannot sue and win judgments equal to the judgments awarded against hotels for being assaulted. Just as hotels have taken actions that eliminate most assaults to guests when in their rooms, most rapes and murders in prisons would come to a screeching halt if guards and wardens were personally liable to lawsuits and large judgments.

[abc3643]

It applies.
If you think it doesn't, then go to court and challenge it.

[abc3643]

However, I understand your angst. Would it be wonderful if there was no violence in prison? Of course. But there is violence in prison and that is to be expected. That's a motivator to stay OUT of prison by not committing crimes.

The fact that there is violence in prison despite attempts to prevent it, is a reality of life and there is nothing cruel nor unusual about it; especially given the upfront knowledge that life in prison can lead to violence. Thus, you have the foreknowledge that prison should be avoided and the way to avoid prison is to stay out of prison by not committing crimes.