Holt V. Sarver
   HOME
*





Holt V. Sarver
''Holt v. Sarver'' was a court decision that was the first in a series of American common law cases that have found entire state prison systems in violation of prisoners' constitutional rights by inflicting cruel and unusual punishment. The United States District Court for the Eastern District of Arkansas ruled that the Arkansas prison system, which at the time had no written standards, violated the US Constitution. The cases significantly altered the American prison system, specifically with regard to prisoners' rights under the Eighth Amendment. Arkansas cases In 1969 in ''Holt v. Sarver I'', 300 F. Supp. 825 (E.D. Ark.), Judge J. Smith Henley ruled several aspects of Arkansas' existing prison system unconstitutional. He issued guidelines to follow for correcting the problems, and ordered administrators to report on the progress of the implementation of these guidelines. In 1970 in ''Holt v. Sarver II'', 309 F. Supp. 362 (E.D. Ark.), Judge Henley ruled the entire Arkansas pris ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


United States District Court For The Eastern District Of Arkansas Cases
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-1 ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

Cruel And Unusual Punishment Clause Case Law
Cruelty is the pleasure in inflicting suffering or inaction towards another's suffering when a clear remedy is readily available. Sadism can also be related to this form of action or concept. Cruel ways of inflicting suffering may involve violence, but affirmative violence is not necessary for an act to be cruel. For example, if a person is drowning and begging for help and another person is able to help with no cost or risk, but is merely watching with disinterest or perhaps mischievous amusement, that person is being cruel—rather than violent. George Eliot stated that "cruelty, like every other vice, requires no motive outside itself; it only requires opportunity." Bertrand Russell stated that "the infliction of cruelty with a good conscience is a delight to moralists. That is why they invented Hell." Gilbert K. Chesterton stated that "cruelty is, perhaps, the worst kind of sin. Intellectual cruelty is certainly the worst kind of cruelty." The word has metaphorical uses, ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

History Of Arkansas
The history of Arkansas began millennia ago when humans first crossed into North America. Many tribes used Arkansas as their hunting lands but the main tribe was the Quapaw people, Quapaw, who settled in the Arkansas River delta upon moving south from Illinois. Early French People, French explorers gave the territory its name, a corruption of Akansea, which is a phonetic spelling from the Illinois language word for the Quapaw. This phonetic heritage explains why "Arkansas" is pronounced so differently than the U.S. state of "Kansas" even though they share the same spelling. What began as a rough wilderness inhabited by trappers and hunters became incorporated into the United States as part of the Louisiana Purchase in 1803 and later became the Arkansas Territory from 1819–1836. Upon gaining statehood on June 15, 1836, Arkansas had begun to prosper under a plantation economy that was heavily reliant on Slavery, slave labor. After the American Civil War (1861–1865), Arkansas w ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

Trusty System (prison)
The "trusty system" (sometimes incorrectly called "trustee system") was a penitentiary system of discipline and security enforced in parts of the United States until the 1980s, in which designated inmates were given various privileges, abilities, and responsibilities not available to all inmates. It was made compulsory under Mississippi state law but was used in other states as well, such as Arkansas, Alabama, Louisiana, New York and Texas. The method of controlling and working inmates at Mississippi State Penitentiary at Parchman was designed in 1901 to replace convict leasing. The case ''Gates v. Collier'' ended the flagrant abuse of inmates under the trusty system and other prison abuses that had continued essentially unchanged since the building of the Mississippi State Penitentiary. Other states using the trusty system were also forced to give it up under the ruling.Taylor, p. 1 History Prisons had trusties as far back as the 1800s. Parchman Farm The prison had approx ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  




Gates V
Gates is the plural of gate, a point of entry to a space which is enclosed by walls. It may also refer to: People * Gates (surname), various people with the last name * Gates Brown (1939-2013), American Major League Baseball player * Gates McFadden (born 1949), American actress and choreographer * Gates P. Thruston (1835-1912), American Civil War veteran, lawyer and businessman * Josephine Gates Kelly (1888-1976), Native American activist Places Canada * Gates, British Columbia, Canada, a rural community ** Gates River, a river in British Columbia ** Gates Valley, a valley in British Columbia ** Gates Lake, at the head of the Gates River United States * Gates, Nebraska, an unincorporated community * Gates, New York, a town ** Gates (CDP), New York, census-designated place * Gates, Oregon, a city * Gates, Tennessee, a town * Gates County, North Carolina, United States ** Gates, North Carolina, an unincorporated community in the county * Gates Pass, Arizona, a mountain pass Art ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

Writ Of Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful. The writ of ''habeas corpus'' was described in the eighteenth century by William Blackstone as a "great and efficacious writ in all manner of illegal confinement". It is a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond their authority, then the prisoner must be released. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a w ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


United States District Court For The Eastern District Of Arkansas
The United States District Court for the Eastern District of Arkansas (in case citations, E.D. Ark.) is a federal court in the Eighth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). The District was established on March 3, 1851, with the division of the state into an Eastern and Western district. The United States Attorney's Office for the Eastern District of Arkansas represents the United States in civil and criminal litigation in the court. the United States Attorney is Jonathan D. Ross. Organization of the court The United States District Court for the Eastern District of Arkansas is one of two federal judicial districts in Arkansas. Court for the District is held at Helena, Jonesboro, and Little Rock. Central Division comprises the following counties: Cleburne, Cleveland, Conway, Dallas, Drew, Faulkner, Grant, Jefferson, Lincoln, Lonoke, Perry, Pope, Prairie, Pulaski, Saline ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


Jones V
Jones may refer to: People *Jones (surname), a common Welsh and English surname *List of people with surname Jones *Jones (singer), a British singer-songwriter Arts and entertainment * Jones (''Animal Farm''), a human character in George Orwell's novel ''Animal Farm'' * "Jones" (''Law & Order: Criminal Intent''), an episode of the TV series *Jones!, a New Zealand television channel *"Jones", a song from the album '' Certain Things Are Likely'' by Kissing the Pink Organisations *Jones Bootmaker, a UK-based footwear retailer *Jones Soda, a brand of soda pop *Jones Sewing Machine Company, a British manufacturer acquired by Brother Industries *L&F Jones, a British retail and hotel company Places * Jones, Ontario, Canada *Jones, Isabela, Philippines United States *Jones, Alabama *Jones, Illinois *Jones, Kentucky *Jones, Michigan *Jones, Oklahoma *Jones, West Virginia *Jones Township (other) Science and technology *Jones (Martian crater), an impact crater on Mars *Jones (un ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


Cruel And Unusual Punishment
Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisdiction, but typically includes punishments that are arbitrary, unnecessary, overly severe compared to the crime, or not generally accepted in society. History The words cruel and unusual punishment were first used in the English Bill of Rights 1689. They were later also adopted in the United States by the Eighth Amendment to the United States Constitution (ratified 1791) and in the British Leeward Islands (1798). Very similar words, "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment", appear in Article 5 of the Universal Declaration of Human Rights adopted by the United Nations General Assembly on December 10, 1948. The right under a different formulation is also found in Article 3 of the Euro ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]