Cruel and Unusual Punishment: Your Rights & the Law
By: Mary Ann Pekara
We are all familiar with the term "cruel and unusual punishment" and that we are protected from it, but do you know exactly what that means for you if you are facing a DUI charge?
Many states require people convicted of a DUI to serve some time in jail, depending on the different DUI state laws. With our right to be free from cruel and unusual punishment, you should not have to serve a sentence for DUI crime in conditions that are beyond livable.
How Does the Court View Cruel and Unusual Punishment?
According to the Eighth Amendment, we are protected from "cruel and unusual" punishment while serving time in jail. The Constitution still protects our rights even if convicted of a crime by making sure our conditions of and treatment during confinement is just.
However, the Amendment does not define "cruel and unusual;" most courts see it as any acts that are inhumane or violate human self-respect.
How Do You Challenge Cruel and Unusual Punishment?
In order to challenge your terms of confinement as cruel and unusual, you must show that the law enforcement in your jail acted with "deliberate indifference" to your rights. This is considered a high standard to meet because you are required to show more than just negligent behavior by the corrections officers.
To prove that your rights were violated, you need to show that the employees of the jail were aware of the danger or risk you were in; the employees ignored the signs and did not take the proper steps to fix the problem; and that you rights were violated since the employees did not change the situation.
Enlist the Help of a DUI Lawyer Today
If you have been charged with drinking and driving, it is a good idea to get the help of a DUI lawyer in your area. An attorney can help you figure out how to handle all aspects of your DUI charge whether it be challenging your DUI, getting though DUI court, and dealing with life after a DUI, including making sure you are protected from cruel and unusual punishment.
Total DUI can help you get in contact with a DUI lawyer near you quickly - simply fill out our free DUI case evaluation or call 1 (877) 349-1311.