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- Title
The Simple Bare Necessities: Why Iowa Should Enact Legislation Providing Incarcerated Individuals with Outdoor Recreation Time.
- Authors
Street, Emily F.
- Abstract
The Eighth Amendment of the U.S. Constitution bars excessive bail, excessive fines, and cruel and unusual punishments. The U.S. Supreme Court has determined that the meaning of cruel and unusual punishment is not static, but instead evolves with society. This Note discusses the Cruel and Unusual Punishments Clause generally and its application to prison conditions. This Note will also discuss the current federal circuit split over whether a lack of outdoor recreation time in prison violates the Eighth Amendment, as well as laws on outdoor recreation time for incarcerated individuals. This Note argues that a lack of outdoor exercise and recreation time in prison violates the Eighth Amendment's prohibition against cruel and unusual punishment due to its impact on the well-being of incarcerated individuals. Finally, this Note proposes that Iowa should enact legislation explicitly providing outdoor recreation time for incarcerated individuals.
- Subjects
UNITED States. Constitution; BAIL; CRIMINAL justice system; UNITED States. Constitution. 8th Amendment; OUTDOOR recreation
- Publication
Iowa Law Review, 2024, Vol 109, Issue 3, p1399
- ISSN
0021-0552
- Publication type
Article