According to the Supreme Court, under the deliberate indifference standard and in cases involving failure to prevent harm, the Eighth Amendment is violated only when an inmate shows that he or she is incarcerated under conditions posing substantial risk of serious harm and that officials displayed deliberate indifference to inmate health or safety.
Explain the difference between deliberate indifference to a serious medical need and medical malpractice. Explain the standard for both federal and state inmates. Provide examples.
Assignment Guidelines:
Address the following in 1-2 pages:
- What is the difference between deliberate indifference to a serious medical need and medical malpractice?
- When is a deliberate indifference present with regard to state inmates? Explain.
- When is a deliberate indifference present with regard to federal inmates? Explain.
- Provide 2 examples of deliberate indifference: 1 example at the state level and 1 example at the federal level.
In 3-5 paragraphs
Discuss the issue of rape in prison. Do you think correctional staff have an obligation to prevent rapes among inmates? How can prison conditions contribute to the problem? Review articles and case law for your discussion. Provide examples.
Assignment Guidelines:
- Using the library, course materials, textbook, and Web resources, research the occurrence of rape among prison inmates.
- In 3-5 paragraphs, address the following:
- Do you think correctional staff have an obligation to prevent rape among inmates? Explain.
- How can prison conditions contribute to the problem?
- Provide 2 examples of prison rape cases.