14th Amendment Agreement For Prisoners In Michigan
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FAQ
Under the equal protection clauses of the United States and Georgia Constitutions, the government is required to treat similarly situated individuals in a similar manner. The doctrine of equal protection is triggered only if similarly situated parties are treated differently.
Equal Protection refers to the idea that a governmental body may not deny people equal protection of its governing laws. The governing body state must treat an individual in the same manner as others in similar conditions and circumstances.
No person shall be denied the equal protection of the laws; nor shall any person be denied the enjoyment of his civil or political rights or be discriminated against in the exercise thereof because of religion, race, color or national origin.
In light of the history of the Equal Protection Clause, it is no surprise that race and national origin are suspect classifications. But the Court has also held that gender, immigration status, and wedlock status at birth qualify as suspect classifications.
A 1978 ballot initiative ended Michigan's previous credit system for good behavior for most prison inmates. The state's Truth In Sentencing law signed in 1998 by then-Gov. John Engler went further, requiring all incarcerated people to serve their mandatory minimum sentences before becoming eligible for parole.
A statutory scheme to prevent marriages between persons solely on the basis of racial classifications violates the Fourteenth Amendment. The Equal Protection Clause requires substantially equal legislative representation for all citizens in a state, regardless of where they reside.
Answer: Jail officials must not act with deliberate indifference to the needs of the prisoners. The 8th Amendment, applicable to the states through the Due Process Clause of the 14th Amendment, protects prisoners from prison conditions that cause the wanton and unnecessary infliction of pain.
The answer, in short, is yes. The Fourteenth Amendment PI Clause— not the Due Process Clause—expanded the constitutionally protected scope of the federal habeas privilege. The PI Clause yokes the habeas privilege to national citizenship, the rights of which neither the federal government nor states may abridge.
EIGHTH AMENDMENT RIGHTS OF PRISONERS - ADEQUATE MEDICAL CARE AND PROTECTION FROM THE VIOLENCE OF FELLOW INMATES. THE CONSTITUTIONAL PROHIBITION AGAINST CRUEL AND UNUSUAL PUNISHMENTS EXPANDS WITH 'EVOLVING STANDARDS OF DECENCY' TO ENCOMPASS MISTREATMENT OF INMATES.
