Jackson v. Bishop

Jackson v. Bishop, 404 F.2d 571 (8th Cir. 1968) was a case decided in 1968 on the Eighth Circuit Court of Appeals of the United States by then-judge Harry Blackmun. It abolished corporal punishment in the Arkansas prison system.

Issue The issue in the case was how to apply the Eighth Amendment's prohibition against cruel and unusual punishment to the conditions within a prison.Greenhouse, Linda. Becoming Justice Blackmun. Times Books. 2005. Page 30.

Background Arkansas rules authorized prison officials to beat inmates with a five-foot leather strap known as a "bull hide."Greenhouse, Page 30. An earlier suit had resulted in a decision permitting the use of the strap, provided that "appropriate safeguards" were in place.Greenhouse, Pages 30-31.

Blackmun's writings Few precedents had existed for applying the Eighth Amendment to prison conditions.Greenhouse, Page 31. In pre-opinion writings, Blackmun wrote that constitutional standards evolve, as opposed to remaining static; He noted that nearly every state had abandoned corporal punishment in prison.Greenhouse, Page 31. Blackmun supported banning corporal punishment in prisons entirely.Greenhouse, Page 31.

Opinion Blackmun held that use of the strap in question is punishment that "runs afoul" of the Eighth Amendment.Greenhouse, Page 31. He wrote that "any so-called safeguard is entirely unworkable" and that the strap "is abhorrent to public opinion."Greenhouse, Page 31.

Reception Blackmun's opinion received favorable notice from both the judicial and public communities.Greenhouse, Page 31.

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