Prisoners' Rights on Handcuffs in Police Custody
Handcuffs are one of the most instantly recognizable symbols of arrest and restraint. Oftentimes their use evokes concerns over the rights of prisoners who are placed in custody and the methods used to incapacitate them.
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Identification
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Generally the rights of prisoners with regard to handcuffs in the United States may be found within the Eighth Amendment to the Constitution. Prisoners in handcuffs have the right not to be subjected to cruel and unusual punishment. Determining whether a handcuffed prisoner's rights have been violated depends on the circumstances and upon the ruling of the court.
Examples
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In the 1992 case Hudson vs. McMillian, the Supreme Court sided with an Angola prisoner who was beaten while in handcuffs. Although the event did not result in permanent injury, it was deemed as cruel and unusual. Alternatively, prisoners who are hospitalized may be handcuffed to their beds if doing so does not prevent any medical care from being performed, though many states have specific regulations concerning handcuffing a pregnant inmate who is laboring and giving birth.
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Different Countries
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Since prisoners' rights, as they pertain to handcuffs, are largely a constitutional issue, the ruling of related violations is often up to a judge's discretion, especially at the federal level. The opinion may vary by jurist and so may lack of analytical consistency. Therefore, identification of these rights will evolve as more case precedents are introduced into the legal record.
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