Rights of Prisoner: Focusing on Living Conditions
Date Issued
2014
Date
2014
Author(s)
Hsiao, Sheng-Lin
Abstract
In Taiwan, prisoner’s right has long been ignored by both the government and the public. The criminals were once to be thought as the slave of the state, they deserve no fundamental rights as the freemen do. Judicial Yuan interpretation No. 653 and No. 681 emphasize that the protection from the Constitution is no difference from freeman; every prisoner has the right to be protected. This thesis is focusing on the living condition of prisoner in prison, such as overcrowding, shelter, sanitation, environment hazards and exercise and outside recreation. Through the American lesson, we could construct standards to determine whether the prison authority or the prison environment violates the rights of prisoner.
American court open its door to accept law suits from the prisoners, since the 60’s. The Eighth Amendment bars cruel and unusual punishment. As such, it is the only provision of the Bill of Rights that is applicable by its own terms to prisoners. Eighth Amendment is not a static provision, it has evolved three general principles. The first is that Eighth Amendment applies to cases involving prison conditions. Secondly, the Eighth Amendment has both a subjective and objective component. Finally, the test for subjective component will depend on the particular Eighth Amendment claim that is being raised, if the claim involve with prison conditions, “deliberate indifference” will be applied.
Subjects
受刑人
生活環境權
受刑人權利
監獄
美國憲法增修條文第八條
超額收容
SDGs
Type
thesis
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