Crule & unusual punishment

[Garth1]

What is the name of your state (only U.S. law)?

If a person is sentenced to prison and while in prison is subject to rape, as a result of this assualt the person contracts AIDS. Since this type of assult is common in the prison systems, it becomes evedent that the governments cannot provide protection for an inmate from contacting AIDS, should this not be considered C&U. The state has taken over the care of its inmates, in failing to provide security from this threat it has condemed them to a life threatining desease.

Has this type of case ever been presented to the courts?

 

[Banned_Princess]

What is the name of your state (only U.S. law)?

If a person is sentenced to prison and while in prison is subject to rape, as a result of this assualt the person contracts AIDS. Since this type of assult is common in the prison systems, it becomes evedent that the governments cannot provide protection for an inmate from contacting AIDS, should this not be considered C&U. The state has taken over the care of its inmates, in failing to provide security from this threat it has condemed them to a life threatining desease.

Has this type of case ever been presented to the courts?

No need to post 2x sir. What state is this in.

 

[Garth1]

Crule & Unusual

This is not directed at a particular state, but from the standpoint of a legal presentation under the 8th amendment

 

[Banned_Princess]

This is not directed at a particular state, but from the standpoint of a legal presentation under the 8th amendment

Well was it a Federal prison then?

 

[Banned_Princess]

I'm going to go ahead and search this kind of case for you on a federal / supreme court level for you. Just in the interest of doing something this evening.


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I reviewed some literature regarding the Eighth Amendment, and found nothing that would connect the action of a rape in prison, resulting in the transmittal of the AIDS virus, to any claim against the United States of America, or any individual State.

Since the Federal court nor any County court, ordered you to prison and specifically ordered you to be raped by inmates and contract HIV, and then subsequent AIDS Virus, they are not liable for the actions of the individual inmates.

The Federal, State and County jails have a duty to reasonably protect you, but it is your fault you went to jail, knowing full well the risk, and what is it you expect the jails can reasonably do to protect inmates from each other?



Plus you dont get AIDS until you ignore the HIV virus long enough to be beyond the point of no return. Again, the individuals fault.

 

[Proserpina]

Homework

And Princess, you're dead wrong about HIV/AIDS. Symptoms of HIV infection can be remain so innocuous, commonplace and random as to elude detection - and even suspicion - by both the patient and the doctor until the patient's white count confirms an AIDS diagnosis.

Not every patient presents with obvious symptoms such as (for example) PCP or Karposi's.

 

[Banned_Princess]

Homework

And Princess, you're dead wrong about HIV/AIDS. Symptoms of HIV infection can be remain so innocuous, commonplace and random as to elude detection - and even suspicion - by both the patient and the doctor until the patient's white count confirms an AIDS diagnosis.

Not every patient presents with obvious symptoms such as (for example) PCP or Karposi's.

I just meant that I would think, after a incident in the high risk HIV category of male on male prison rape, the victim should immediately seek medical assistance, and test for the virus for up to two years after to protect himself. (or at least mitigate damages)

Even without symptoms, such an incident should prompt victim to test at 6 month intervals for 2 years. Just to be on the safe side.

Victims have a responsibility to themselves. to be tested, to seek counseling, to pursue treatment.

But I digress, my interest is not even slightly medical. I assume the US has gotten AIDS under control in the last 30 years. Not as deadly as it was in the past. Like Polio.

 

[cyjeff]

3 posts.

General question.

No state...

Yup, homework. We don't do homework.

 

[Banned_Princess]

3 posts.

General question.

No state...

Yup, homework. We don't do homework.

Well, I learned how to search through the online volumes of the Supreme Court!! lol. My favorite thing to do on a Saturday night is to form legal opinions from court decisions.

 

[justalayman]

Since this type of assult is common in the prison systems, ?

as such, I would have to suggest even if it were cruel punishment, based on your statement, it surely isn't unusual.

 

[cyjeff]

as such, I would have to suggest even if it were cruel punishment, based on your statement, it surely isn't unusual.

No, it is Crule.

Twice.

 

[Proserpina]

No, it is Crule.

Isn't that the porridge-like substance they feed you in solitary?

 

[stealth2]

Isn't that the porridge-like substance they feed you in solitary?

No, that's gruel.

And banned_princess... just how easy do you think it is for an inmate to get tested regularly? I don't believe they can just go up to the infirmary at will and demand an HIV test.

 

[justalayman]

this is Crule

see Proserpina's post for the condensed URL

 

[Proserpina]

this is Crule

Google Image Result for http://www.marvunapp.com/Appendix3/cruleexternal1.jpg

The length of that URL was cruel alright

Crule

(tinyurl is our friend )