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Correctional Law: Whitley vs. Alberts Case - Essay Example

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Correctional Law: Whitley vs. Albers Case: 475 US 312: (1986) Prisoners Rights, The State, the Eighth Amendment, the Fourteenth Amendment Student University Abstract The following information uses five journal articles to show the stipulations of the Eighth Amendment and the Fourteenth Amendment…
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Correctional Law: Whitley vs. Alberts Case

Download file to see previous pages... What is an officer’s lawful authority, current federal use of force standards under the Constitution, and how Chief Justice Rehnquist has influenced correction laws during his 30 years of service? And finally how has the case of Whitley v. Albers become a major factor in correctional law. Keywords: discrete and insular minority, cruel and unusual punishments, due process clause, fundamental political right, before trial determination, objectively reasonable. Whitley v. Albers Case: 475 US 312 (1986) Prisoners Rights, The State, the Eighth Amendment, the Fourteenth Amendment Introduction: “Prisoners have been described as the starkest example of a discrete and insular minority; they are politically powerless and subject to public disdain and apathy.” (Van Slyke, 1993). “The general public hears little about inmates’ suffering except in the most severe cases.” (Van Slyke, 1993). The following writing summarizes the Whitley v. Albers Case and attempts to answer the question of whether force was initiated in a good faith effort to restore discipline or if violence was sadistically applied for the purpose of causing harm to the inmates. The 8th Amendment sets forth a stipulation that prohibits “Cruel and Unusual Punishment,” and prohibits unnecessary infliction of pain. ...
The following text addresses these questions. The Case: It was around 8:30 in the evening on June 27, 1980. Several inmates at Oregon State Penitentiary were found intoxicated. The prison guards attempted to move the intoxicated inmates to another area. The action that was going on could be seen from cell windows in cellblock A, therefore, other inmates became agitated. They thought excessive force was being administered. Officers Kemper and Fitts ordered the prisoners to return to their cells. The order was disobeyed. One inmate jumped from the second tier and assaulted Officer Kemper, who was able to escape, but Officer Fitts was taken hostage. The prison security manager, Harol Whitley, was informed of the situation. He entered the cellblock to determine that the four inmates and Officer Fitts were not harmed. Klenk, the hostage taker, informed Whitley that one inmate had been killed and others would follow. Albers supposedly left his cell on the upper tier to help elderly prisoners on the lower tier in the event that tear gas may be used. (Ryan, 2008). Captain Whitley left the cellblock to organize an assault squad. Prison officials needed to free the hostage; therefore, they worked out a plan for Captain Whitley to go into the cellblock unarmed. Prison officers who were armed with shotguns then followed him. Captain Whitley then ordered one of the officers to fire a warning shot, and if it were necessary to shoot low at any of the inmates who were climbing the stairs to the upper floor. He would then be climbing the stairs to free the hostage. One of the officers shot Albers in the left knee as he started up the stairs. Albers brought an action in Federal District Court against Captain Whitley alleging, inter alia, they had ...Download file to see next pagesRead More
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