Thomas Flemming was incarcerated in 1991-2004 in solitary confinement with limited access to programs and services, one 15 minute phone call per week, 5 hrs of solitary exercise a week, and 3 showers a week. This is all because he wounded a corrections officer in a botched escape attempt. Does this not sound like a 8th amendment violation or is that just me? A judge said it wasn't.
2006-10-28 09:38:34 · 8 answers · asked by kasawn_kitty 1 in Politics & Government ➔ Law Enforcement & Police
When he commited the crime, he gave up his rights. There are guidelines that are followed to ensure safe and effective handleing of the accused but .....
2006-10-28 09:48:02 · answer #1 · answered by Jeep Driver 5 · 0⤊ 0⤋
At first, the punishment sounds excessive, but what other factors played a role in his being given that punishment. What was his original offense that he was in prison for? Possibly the judge took that into account when giving him the sentence. Did he conspire with other inmates in has botched escape attempt? If that's true, then maybe the judge didn't want him to conspire to escape again.
Alot is unknown regarding the case and i wasn't able to find anything else out about the case
2006-10-28 09:55:38 · answer #2 · answered by Chris M 1 · 0⤊ 0⤋
This a "supermax" prison. They are in their cells for 23 hours a day and for one hour they are let outside-still in solitary. He injured an officer while incarcerated and while attempting to escape. They put him in this type of prison for that reason. This is not a violation of the 8th Am. because in prison, you have no rights. The constitution does not exist for you.
2006-10-28 12:46:04 · answer #3 · answered by Amy 4 · 0⤊ 0⤋
You answered your own question. Some people believed that the conditions are "cruel and unusual punishment," and apparently brought a petition (either a civil rights lawsuit, or a writ of habeas corpus). A judge reviewed the matter and said no.
Flemming's options now are to appeal, or not appeal. If he is in state court, he must exhaust his state appeals before making a writ to the federal district court.
Good luck.
2006-10-28 10:49:20 · answer #4 · answered by robert_dod 6 · 0⤊ 0⤋
Nobody else molds the law at pleasure like judicial dictators...
Look at the memorial they had for a cop in Hartford this week. Streets closed during rush hour in the insurance capital, flags at half mast, and NO CITIZEN OR EMPLOYEE knew what the heck the cop did to get such special tratment that a regular tax payer would never get
2006-10-28 09:47:25 · answer #5 · answered by Anonymous · 0⤊ 0⤋
No this is normal high security, we have 1000's of prisoners at that high level of security in prisions in evey state of the UNION. They are there because of thier own actions and thier security levels.
2006-10-28 11:56:54 · answer #6 · answered by Anonymous · 0⤊ 0⤋
If he did the crime once, what's to stop him from doing it again? He belongs by himself where the only one he can hurt is HIMSELF!
2006-10-28 09:55:15 · answer #7 · answered by Randi H 1 · 0⤊ 0⤋
Sounds okay to me.
2006-11-01 01:31:18 · answer #8 · answered by Eddie 4 · 0⤊ 0⤋