Eighth Amendment Right TABLE OF AUTHORITIES iv JURI

STATUTES AND CONSTITUTIONAL PROVISIONS INVOLVED vii

I. THE SUPREME COURT OF SAN PEDRO CORRECTLY RULED THAT THE PETITIONER'S EIGHTH AMENDMENT RIGHT TO BE SECURE FROM CRUEL AND UNUSUAL PUNISHMENT IS NOT VIOLATED BY A SENTENCE OF TWO YEARS IN A STATE PENITENTIARY WHERE A MAJORITY OF THE INMATES ARE REPORTED TO BE INFECTED WITH THE AIDS VIRUS 2

A. Any challenge of prison conditions under the Eighth amendment prohibition against cruel and unusual punishment must satisfy a two part test in order to establish a violation of this right 3

1. The petitioner must show first that the challenged conditions inside the prison will deny him the "minimal civilized measure of life's necessities," and then show "wantonness" or "deliberate indifference" on the part of the prison officials with regard to the challenged conditions 3

B. Being sentenced to a two-year term in a prison where a majority of the inmates have AIDS does not meet the requirements of the first prong of the Wilson test 4

1. AIDS is not a contagious disease as understood by those decisions which have held that the government has a duty to protect prisoners from such diseases, since AIDS is not communicable through casual contact 4

2. While courts have held that conditions of violence within a prison may rise to the level of an Eighth Amendment violation, these cond

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ssities, and 2) that the sentencing judge acted with deliberate indifference with regard to the conditions when sentencing the petitioner. The fact that a majority of the inmates in Bobbitt State Penitentiary may have the AIDS virus does not deny any inmate without AIDS the minimal civilized measure of life's necessities since AIDS cannot be transmitted through casual contact. In addition, the petitioner has not presented any evidence that he is in danger of sexual assault at Bobbitt, and this is the only real method of transmitting AIDS in prison conditions. Under the second part of the test, the petitioner has not shown that the sentencing judge acted with deliberate indifference with regard to the challenged condition when sentencing the petitioner. Argument I.The Supreme Court of San Pedro correctly ruled that the petitioner's Eighth Amendment right to be secure from cruel and unusua. The Supreme Court of San Pedro correctly upheld the sentencing order of the trial judge, holding that sentencing the petitioner to two years in the Bobbitt State Penitentiary, where a majority of the inmates are reported to have the Acquired Immune Deficiency Syndrome (AIDS) virus, did not constitute cruel and unusual punishment, which

Category: Government - E