Are chain gangs not 'cruel and unusual' punishment?

Question

A few places have brought back chain gangs for prisoners. How can this be legal in these days - it's like going back to slavery.

I know that if I had been told to do this when I was in jail I would have said no -surely nobody deserves to be humiliated like this?

I was only in for robbery - did 6 months and that was bad enough. But for the worst people I still think it's not right - wouldn't they be better locked up anyway.

What I mean is that it wasn't a violent crime or anything like that

No problem with having to do work - it would make your time go quicker but making people be seen in public all chained up is different. I was chained up going from court and that was bad enough but making people do that just for the public to see you being 'punished' is something else

Answer 1

No, it's not cruel. I think they should use chain gangs more. Jail should not be a place where people get to sit around and lift weights. The prisoners should be working to pay their debt to society. I have an idea, if you don't want to be subjected to the humiliation of a chain gang, how about you obey the laws and stay out of trouble. These people chose to break the law and they need to be punished. The taxpayers pay a lot of money for the prisoners to be fed, for heat, for their medical care, and for the guards. The least they can have the prisoners do is some work. Save the taxpayers from having to pay roadside clean-up crews and such.

Answer 2

No, they're not "cruel & unusual" punishment. They're simply hard labor, which is only as humiliating as being found guilty for whatever crime it is they committed.

Personally, I'd much rather have my tax dollars paying for the prisoners to work, as opposed to having the same tax dollars pay for the inmates to watch Jerry Springer, and then have to use more tax dollars to have the employees do the same work.

Honestly, if it were "usual" for the rest of us to not work, then I might agree with you. However, the usual thing is that we get up when the alarm goes off, and put in 8 or 9 hours at a job we don't like. Why should the (convicted) criminals have it any different?

If your issue is the actual chains, then all I can say is, you'd better get over it. These guys have been sentenced to confinement. I don't see a major difference between the bars of their cells and the chains...besides the fact that the guy in chains at least gets sunshine & fresh air.

Answer 3

They are a GREAT thing.

Why should these criminals be able to sit around and do nothing all day. Or worse yet get a colege education on the backs of the tax payers.

Every non violent criminal in city, state and federal prision should be required to work at least 10 hours a day, 7 days a week at hard labor. Prison needs to be a place that once you leave, you would never want to return.

And amybe we should make the violent ones do what they used to make prisioners do, make little rocks out of big rocks.

Imagine having someone standing there all day with a little hammer breaking a big rock into little ones.


Hard time should be just that.

NO Hot water
no tv
no nothing.

Put them all in tents
make them grow their own food.

Humiliated. Too friggin bad. Maybe if enough people see these people doing this they will be less likely to comit a crime becasue they won't want to end up doing that.

It seems that's it's all about the rights of the criminal.
F That. How about some rights for the victims?

If you comit a crime and are sent to jail, you loose your rights.
I could go on and on but I think you get the idea of where I stand.

Answer 4

Whether something is cruel and unusual is open to interpretation. Basically, you need a judge to decide whether it's ok or not.

I can see how it being compared to slavery is upsetting, but it's jail. It's not going to be milk and cookies. I actually like the humiliation factor. It's going to do a far better job at deterrence than making them hang out with a bunch of other criminals with nothing to do but talk and learn from each other how to do more crimes.

The new fangled "alternative" sentencing (like making a thief hold a sign admitting such outside the store he robbed) can technically be considered "cruel and unusual" because that sentence isn't common (thus unusual) and is very humiliating (thus cruel), but it's gonna be tough to find a judge who sees it as a violation of the 8th Amendment.

I'm not too sure who still has chain gangs, but Arizona does. However, Arizona makes the people work. I think that factor (rather than them just chipping at some rocks to kill time) makes it more likely to pass Constitutional muster.

Answer 5

Going back to slavery? Surely you jest!

They get a warm place to sleep, full medical benefits, three meals per day, fitness center quality free weights, library (including a full law library!), in some cases tv.

All we ask in return is that they clean up the roadsides (ok ... picking up trash and roadkill IS yucky, but ...), they aren't being beaten or abused!

What would be a fair "punishment" for those who break the laws of society? "Time out"? Making them sit in a corner until they say "I'm sorry?"

In the "real world" outside of prison ... no work, no pay or benefits! Ain't working, get sick ... maybe you get care, maybe you don't! No job, no pay ... no pay ... no FOOD, no warm place to sleep, no NOTHING!

Looking for fitness center quality free weights to work out with? Prison or paying the membership fees at your local club are your only choice!

12 to 15 men or women on a chain (no mixing)! on a chain, two correction officers armed with streetsweeper 12s (10 round drum magazine shotguns) clearing away the trash and roadkill. That, my friend, is justice!

Write back when you have some REAL cruel and unusual punishment issues!

Answer 6

Most people think that slavery has been abolished in the US. Not so!! Slavery may still be imposed by due process of law. So the thoery for most chain gangs, is that the convicts are slaves of the state.

Cruel and unusual typically means something like torture, death, or 20 years for sealing a loaf of bread.

It would be an interesting case to challage the gangs on such a basis. But for today....I'd think the states would win.

Answer 7

there is little sympathy for criminals, they actually lose many rights and are treated as possessions of the state, often times until death. They cannot vote, travel is restricted, they can be brought back at anytime even for misdemeanors and must maintain in process of the beauracracy indefinitely. Working where they tell you for whatever wage. All this is if they are ever even released.

Work technically can be done in a humane and productive way. Work is used to maintain some order and routine, they can make less than slave wages for canybars et al and it can be voluntary but I believe texas and other states do use it as torture, forced at hotter times of the day with little water, just to be a vindictive prick. Most notably Sheriff Airpo in texas, there's a history and culture down there. I will avoid that state and that's what some people like about it.

Answer 8

If you break the law and go to jail then you have no rights, beyond being treated humane. You're sent to prison for punishment not a vacation, so while you're there you should earn your keep. Very little play and a lot of work. It's not the law abiding persons responsibility to pay your way and support you.

Answer 9

No one should be forced to work if they don't want to thats slavery. Criminals are put in jail to protect society from them and to try to rehabilitate them thats what this country doesn't seem to understand. And thats probably why we are the most violent free country in the world. Most true hard criminals (this excludes drug dealers, petty theives, and corparate criminals.) Have serious mental issues that have to be dealt with before they re-enter into society or else they will be right back in jail, but thats how america works prison is big business.

Answer 10

What would be cruel and unusual punishment . Is to have Fall Out Boy, Nickleback,Creed,Five For Fighting,James Blunt,The Fray,and Howie Day blasting through out the prison .. I 'd rather dig ditches in 120*F weather.