Constitutional Standards
Deliberate indifference refers to act that is more than mere negligence but one that is less than a specific intention to harm inmate or inmates. It also refers to an act of reckless behavior without considerations of the consequences of one's actions. For prison officials to be accused of deliberate indifference, they must have prior knowledge towards the security status of an inmate, and they fail to act upon discovering that an inmate’s security is under threat and facing substantial harm. Failing to take steps to overcome this is an act of deliberate indifference. Some inmates may require particular protection and the officials must ensure that it is provided to them at whatever cost. Failing to protect the inmate from violence at the hands of his/her fellow inmates is an act of deliberate indifference in that the officials failed to protect the inmate knowing extremely well the need for specific protection .
Deliberate indifference to a serious medical need refers to officials failing to act upon discovering an inmate’s illness or injury. In this case, the officials are accused of the act of cruelty and unusual punishment to the inmate. However, this should not be confused with negligence of the officials to the inmate’s medical condition but is more of a less specific intention to harm the inmate’s wellbeing .
On the other hand, medical malpractice refers to a qualified physician failing to act when called upon to carry out his/her professional duties or following the accepted standards of the medical practice. Failure by a physician to diagnose a patient’s; in this case the prisoner’s, medical condition is medical malpractice but not deliberate indifference to a serious medical need. The doctor plays the role of treating the prisoner’s medical condition when the prisoner is availed by the officials. Failure to act upon a prisoner’s illness by the prison officials is an act of deliberate indifference, which the doctor's role is not present .
Medical malpractice however would not be a valid accusation under the Eighth Amendment if the physician is negligent in treating a prisoner’s medical condition. In order for a prisoner to state a claim, he/she must allege acts that supposedly omitted enough evidence to support the claim of deliberate indifference to medical need. This therefore can offend the evolving and existing standards of decency thereby violating the Eighth Amendment. Deliberate acts to not intentionally injure an inmate are enough evidence to support violation of the Eighth Amendment. Inmates therefore, try to push the court to find instances of deliberate indifference in relation to the Eighth Amendment .
Deliberate indifference is present in regard to state inmates who are incarcerated under the legal system when there is specific intention to harm the inmates as a result of reckless behavior of the prison officials without regarding the consequences of their actions. Deliberate indifference is present in regard to federal inmates accused of violating a federal law thereby convicted if the prison officials fail to provide the inmate with basic needs. The officials must ensure that the conditions of the prison are sufficient enough to accommodate a person convicted of violating a federal law .
In conclusion, all inmates despite their level of conviction should not be exposed to any level or form of mistreatment due to their crimes. They should be allowed to serve time in proper supervision and care. Without so, serving time would be impossible for most if not all inmates. If these precautions are taken into account then the prisoner would serve his/her time well in prison without any difficulty whatsoever. Officials who violate these laws should be held accountable and judgment be passed instantly. Prisoners have equal rights as those not imprisoned .
Cole, G. F., & Smith, C. (2009). The American System of Criminal Justice. Chicago: Gardners Books.
Cripe, C. A., Pearlman, M. G., & Kosiak, D. (2013). Legal aspects of corrections management. Burlington, MA: Jones & Bartlett Learning.
Hayes, L. M. (2001). Prison suicide. Washington: U.S. Dept. of Justice, National Institute of Corrections.
Palmer, J. W. (2010). Constitutional rights of prisoners. New Jersey : Anderson Publishing.
