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Colleges get sued all the time, the deepest pockets get the lawsuits for better or for worse. Here the prison is on the line more than any other thing you mentioned because we put the people in prison by force and through force keep them there (which is all legitimate, not saying otherwise). Ultimately we put them there and we are responsible for their welfare. We cannot make prison a way around the death penalty, for instance. We are responsible for the health and well being of our prisoners.
I think that there is something to be said about reasonable expectation...but can we presume every prisoner is a violent offender and NOT house them with others without violating SOMEONES rights? If they had put the sex offender in isolation 'for his own protection' would he also be able to sue because he was being isolated and discriminated against?Colleges get sued all the time, the deepest pockets get the lawsuits for better or for worse. Here the prison is on the line more than any other thing you mentioned because we put the people in prison by force and through force keep them there (which is all legitimate, not saying otherwise). Ultimately we put them there and we are responsible for their welfare. We cannot make prison a way around the death penalty, for instance. We are responsible for the health and well being of our prisoners.
Yes, we are.
He says he was raped by his cellmate. How could this have been prevented, short of giving every prisoner a private cell?
It will have to be something that we figure out, we can't send folk into some place to get raped or dead or tortured. If we cannot control our prison population, we'll have to investigate why and then move to fix it. It's barbaric to to just shrug our shoulders at the torture of and crimes against our prisoners.
Hey...Ive long said we need to build another thousand "Super Max" facilities. But would anyone listen? Nooooooooooooooooooo....Oh, it will all get super out of hand until we figure out how to control the system well enough and perhaps to man up a little bit.
It will have to be something that we figure out, we can't send folk into some place to get raped or dead or tortured. If we cannot control our prison population, we'll have to investigate why and then move to fix it. It's barbaric to to just shrug our shoulders at the torture of and crimes against our prisoners.
I think that there is something to be said about reasonable expectation...but can we presume every prisoner is a violent offender and NOT house them with others without violating SOMEONES rights? If they had put the sex offender in isolation 'for his own protection' would he also be able to sue because he was being isolated and discriminated against?
At some point they will have to prove intentional negligence, not "prison is a dangerous place cuz there are all those pesky prisoners in it..."
Assault by one to another is not necessarily a by-product of facility negligence, intentional or otherwise.Negligence does not need to be intentional.
Hey...Ive long said we need to build another thousand "Super Max" facilities. But would anyone listen? Nooooooooooooooooooo....
Assault by one to another is not necessarily a by-product of facility negligence, intentional or otherwise.
This act occurred at the hands of a cellmate. We cant start assigning all of the industry woes to this individual case. There are no indicators that overcrowding was an issue or that the 'victims' cellmate had a history that warranted extraordinary care. Until that is proven or at LEAST there is evidence to the contrary, this is no more negligent than a University or Community shelter housing individuals with the occasional violent criminal act.The overcrowded conditions in our prison certainly do lead to a lot of these problems. Indifference cannot be allowed either. I think what you can say is that there is a reasonable level of effort and control that we must exercise in our prison system to ensure some amount of control and safety. Just like on the outside, nothing can be guaranteed and there is likely to be crime; but so long as we have acted in a provable and demonstrable manner through which we had taken every reasonable course to ensure the safety of our prisoners, that then the prison cannot be faulted.
I think it would be the ONLY relevant factor in a finding of guilt. But then...Im not on a jury.Not necessarily. Nevertheless, "intentional negligence" would be malice and (hopefully) not relevant to this case.
Sure...if we are talking about the choom gang. But we arent...we are talking about a child rapist.That would be one way to help control prison population. Though not throwing so many into prison in the first place is also an avenue to explore.
Which makes you a moral subjectivist. Rape, sodomy, and all other manner of perverted acts can never be justified. You are no better than the rabid liberals who condone gay marriage.
This act occurred at the hands of a cellmate. We cant start assigning all of the industry woes to this individual case. There are no indicators that overcrowding was an issue or that the 'victims' cellmate had a history that warranted extraordinary care. Until that is proven or at LEAST there is evidence to the contrary, this is no more negligent than a University or Community shelter housing individuals with the occasional violent criminal act.
Sure...if we are talking about the choom gang. But we arent...we are talking about a child rapist.
It is unlikely that this suit will go anywhere UNLESS it can be proven that the state in some way facilitated the assault.
Think about the can of worms it opens if someone were to successfully sue because something bad happened to them in prison.
The flip side to this is of course...the chutzpah that it takes to sue because someone committed a violent sexual act against you when you are in prison for committing a violent sexual act...
I think it would be the ONLY relevant factor in a finding of guilt. But then...Im not on a jury.
But morals are subjective...
Ethics may not be, but morals are.
Also, lol you a bigot.
Only death row inmates are kept in cages, 23 hours a day. I already know you aren't proposing that we treat all inmates like death row inmates.
That's simply not correct legally. The standard of (civil) culpability which a natural or legal person has for failing to protect a person in their custody is negligence, which is more restrictive than strict liability, but less than intentional.
Opposing rape is not bigoted.
*sigh*
Yes, I know. But all the people in prison are not child rapists (I don't know why this has to be explained). So overall prison crowding isn't just because we're only throwing child rapists into prison, but also other folk who have not committed violent crime. The prison overcrowding on aggregate is one of the major contributors to the dangers in prison because it becomes hard to keep and control such large numbers. Thus, reducing the prison population is a way through which we can help to secure the well being of our prisoners who are legitimately in prison.
This is not a vacuum problem, this is not an isolated case; this is an aggregate problem with our prison system in general. You cannot treat this as singular.
I think that there is something to be said about reasonable expectation...but can we presume every prisoner is a violent offender and NOT house them with others without violating SOMEONES rights? If they had put the sex offender in isolation 'for his own protection' would he also be able to sue because he was being isolated and discriminated against?
At some point they will have to prove intentional negligence, not "prison is a dangerous place cuz there are all those pesky prisoners in it..."
Randomly shouting insults at liberals and stomping on gay rights is pretty bigoted if ya ask me.
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