Fordham Urban Law Journal Volume 7 | Number 1 Article 1 1979 Prisoners' Rights to Physical and Mental Health Care: A Modern Expansion of the Eight Amendment's Cruel and Unusual Punishment Clause Stuart Klein
[email protected] Follow this and additional works at: https://ir.lawnet.fordham.edu/ulj Part of the Criminal Law Commons Recommended Citation Stuart Klein, Prisoners' Rights to Physical and Mental Health Care: A Modern Expansion of the Eight Amendment's Cruel and Unusual Punishment Clause , 7 Fordham Urb. L.J. 1 (1979). Available at: https://ir.lawnet.fordham.edu/ulj/vol7/iss1/1 This Article is brought to you for free and open access by FLASH: The orF dham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Urban Law Journal by an authorized editor of FLASH: The orF dham Law Archive of Scholarship and History. For more information, please contact
[email protected]. Prisoners' Rights to Physical and Mental Health Care: A Modern Expansion of the Eight Amendment's Cruel and Unusual Punishment Clause Cover Page Footnote A note of appreciation is extended to Professors Vincent Nathan, Frank Merritt, and Judy Beckner Sloan This article is available in Fordham Urban Law Journal: https://ir.lawnet.fordham.edu/ulj/vol7/iss1/1 PRISONERS' RIGHTS TO PHYSICAL AND MENTAL HEALTH CARE: A MODERN EXPANSION OF THE EIGHTH AMENDMENT'S CRUEL AND UNUSUAL PUNISHMENT CLAUSE Stuart B. Klein* I. Introduction In recent years, the primary constitutional amendment used as a means to alleviate poor prison conditions has been the eighth amendment's prohibition against the infliction of cruel and unusual punishment.' The eighth amendment to the United States Consti- tution' is interpreted to prohibit certain actions by the government and to require other affirmative actions.' This prohibition against cruel and unusual punishment is often utilized to insure that ade- quate health care, including psychiatric care, is provided for in- mates.