"Cruel and Unusual Punishment" and Prison Conditions

If the Eighth Amendment protects against "Cruel and Unusual Punishments," why do courts allow inmates to challenge their "conditions of confinement" under the Eighth Amendment when the specific conditions of the prison in which a defendant is placed are not part of the sentence handed down by the judge?

Frank Ilardi

Emory Law

Answer

In Estelle v. Gamble, 429 U.S. 97 (1979) the Court interpreted the Eighth Amendment to include claims by inmates challenging the conditions of their confinement. These claims rest on the assumption that alleged deprivations suffered by a prisoner constitute "punishment" for Eighth Amendment purposes, even when the deprivations have not been inflicted as part of a criminal sentence.

Some justices disagree because the conditions of confinement are not actually prescribed by the judge during sentencing.  The conditions are what they are and are not dictated during the sentencing process.