NCJ Number
41843
Date Published
1977
Length
7 pages
Annotation
THIS BRIEF PAPER DISCUSSES THE IMPLICATIONS OF THE 1976 U.S. SUPREME COURT CASE ESTELLE V. GAMBLE, WHICH HELD THAT THE EIGHTH AMENDMENT REQUIRES THE STATES TO PROVIDE MEDICAL CARE FOR PERSONS WHO ARE INCARCERATED.
Abstract
WHILE NCJ-41842 EXAMINED THE LEGAL REQUIREMENTS OF THE RIGHT TO MEDICAL CARE APPLICABLE TO PRISONERS IN GENERAL, THIS PAPER CONSIDERS THE POSITION OF THE PRETRIAL DETAINEE IN REGARD TO MEDICAL CARE. BECAUSE HE HAS NOT YET BEEN CONVICTED OF A CRIME, IS ANY GREATER DUTY OWED TO THE DETAINEE THAN TO THE CONVICTED PRISONER? RELEVANT CASES ARE CITED AND EXPLORED IN THE SHORT ANALYSIS.