But all of the other January 6th defendants remain there.
“But all of the other January 6th defendants remain there.”
The Constitution guarantees citizens:
1) Equal protection under the law: No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. - 14th Amendment
2) No person shall be . . .shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. — 5th Amendment
3) In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence. — Sixth Amendment
4) Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.— Eight amendment
In Hudson v McMillian, 503 U.S. 1 (1992), the Supreme Court held that a prisoner does not need to experience significant injury by prison guards in order to suffer an Eighth Amendment violation. Rather, if the guards act maliciously and sadistically to punish the prisoner, then that punishment would be cruel and unusual, and would accordingly violate the Eighth Amendment.
In Estelle v. Gamble, 429 U.S. 97 (1976), the Supreme Court established that the Eighth Amendment may be violated due to factors related to a prisoner’s confinement. A prison guard’s deliberate indifference to a prisoner’s serious illness or injury would constitute cruel and unusual punishment which would violate the Eighth Amendment.
In Brown v. Plata, 131 S.Ct. 1910 (2011), the Court held that prison overcrowding in California was unconstitutional because the living conditions resulted in medical care violations. The Court reasoned that prisoners would suffer and could die if they did not receive with adequate medical care.
<>We are also pleased that over 400 inmates will be transferred to facilities where they will receive proper treatment and care, and not be subjected to the deplorable conditions noted by the United States Marshall’s investigation.”<>
I helps to read before posting. Try it.