spreading the disease.). History of Inmate Fees,. Many have argued that the practice violates the Cruel and Unusual Punishment Clause of the Eighth Amendment. Blackmun on the.S. The other is to attempt to rehabilitate the prisoners so that they are not a future burden yet again on the taxpayers. 106 Agreeing with the District Courts reasoning, the Third Circuit noted that the factual record in the case indicated that the program was imposed for rehabilitative and not punitive purposes. 100 Regarding the cruel and unusual punishment argument, the District Court found that Tillman was never denied basic human necessities. 113 The Third Circuit in Tillman, citing to the Supreme Courts holding in Austin. 37 As of 2009, Oregons city council authorized its jail to charge inmates 60 a day. 7 Barbara Krauth,., Natl Inst. The New Jim Crow, and that same year she accepted a joint appointment at the Kirwan Institute for the Study of Race and Ethnicity and the Moritz College of Law at The Ohio State University. Viii (Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.).
117 Since Eighth Amendment jurisprudence analyzing fines under the Excessive Fines Clause has focused on the principle of proportionality, this is another doctrinal opening for additional litigation. Policy Objections There are myriad reasons why charging inmates is a shortsighted public policy.
Michelle Alexander is a highly acclaimed civil rights lawyer, advocate, and legal scholar. In recent years, she has taught at a number of universities, including Stanford Law School, where she was an associate professor of law and directed the Civil Rights Clinics.
111 Interestingly, the Court held that it was legitimate for the government to teach fiscal responsibility to inmates, and to have them pay a portion of the states expenditures incurred by their incarceration. Solomon., Justice Policy Center, Urban Institute, Life After Lockup: Improving Reentry from Jail to the Community 15 (2008 available at https. Introduction, in 1846, the United States saw the birth of the first correctional fee law when Michigan swachh bharat abhiyan essay in english 1500 words enacted legislation authorizing counties to charge sentenced jail inmates for the costs of medical care. 86 (1958) 122 Trop. However, less work has been done to challenge the legality of this practice, perhaps because courts have historically been so unfriendly to these types of challenges.