This Forum has been archived there is no more new posts or threads ... use this link to report any abusive content
==> Report abusive content in this page <==
Post Reply 
 
Thread Rating:
  • 0 Votes - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Does this Violate the 8th amendment of the US Constitution?
09-30-2012, 08:52 PM
Post: #1
Does this Violate the 8th amendment of the US Constitution?
Hello, last year I was a correctional officer in Virginia. A prisoner threatened me and told me to hand over the watch i was wearing. So, I did. Then I reported it and told that to investigators.The story gets deeper and deeper. The inmate was writing family members and having them find out personal information about me (ie myspace, facebook, twitter).I have pictures of me and my family and kids, my house and cars motorcycles..so the inmate started mentioning things to me like I like that bike u got and was able to tell me all about my personal life.So, when he threatened me this is why I handed over my watch..I still have the messages on myspace where the inmates family members were trying to contact me & lots of letters the inmate gave me asking for things he wanted.*Anyways* even though I was honest and reported the incident (incident reports & statements filed with The Virginia DOC), I was still fired from my job.I am now been brought up on charges of Virginia Code § 18.2-474 - Delivery of articles to prisoners.The case has gone to trial.I had an an agreement with the prosecuting attorney to get a deferred sentence, where I am placed on a 1 year probationary period and if I have no more legal issues the case will be dismissed.If anyone has any legal advice and think they can help me further please let me know.

--Here Is the Kicker-----
When I received my Conditions of Probation They are making me serve Felony Probation for a Misdemeanor offense. It conflicts with my current job and am probably gonna be fired.
The Terms Are:
obey all laws; report all arrests within 72 hours; maintain regular employment; report to probation officer as directed; permit probation officer to visit work and home as needed; cooperate with probation officer; do not use alcohol or any controlled substances or related paraphernalia; do not possess a firearm; do not move without permission of probation officer; do not leave the state of Virginia without permission of probation officer; and do not abscond from supervision. According to Fairfax County website, additional special conditions of supervision may be imposed, including complete treatment or training programs ordered, submitting to random urinalysis, paying court costs and restitution, completing community service and participating in a Department of Corrections program.

SO, THE QUESTION IS SINCE THIS IS A MISDEMEANOR AND I AM HAVING TO SERVE FELONY PROBATION, DOES THIS VIOLATE THE 8TH AMENDMENT OF THE US CONSTITUTION, CRUEL & UNUSUAL PUNISHMENT?
http://wordnetweb.princeton.edu/perl/web...punishment

If you look here it says a punishment to severe for the crime committed.

Ads

Find all posts by this user
Quote this message in a reply
09-30-2012, 09:00 PM
Post: #2
 
Ask your lawyer

Ads

Find all posts by this user
Quote this message in a reply
09-30-2012, 09:00 PM
Post: #3
 
fuck the us justice system
Find all posts by this user
Quote this message in a reply
09-30-2012, 09:00 PM
Post: #4
 
You may be a victim of a procedural violation but nt of a violation of the 8th Amendment. Cruel and unusual punishment refers to the type of punishment and to the conditions of confinement.
Find all posts by this user
Quote this message in a reply
09-30-2012, 09:00 PM
Post: #5
 
Definition of C&U:

Such punishment as would amount to torture or barbarity, any cruel and degrading punishment not known to the Common Law, or any fine, penalty, confinement, or treatment that is so disproportionate to the offense as to shock the moral sense of the community.

I doubt that your punishment would shock the moral sense of your community.
Find all posts by this user
Quote this message in a reply
Post Reply 


Forum Jump:


User(s) browsing this thread: 1 Guest(s)