Abstract
This Article critiques the existing standard for establishing deliberate indifference under the Eighth Amendment, which primarily relies on the subjective intent of correctional officials. It argues for a shift towards an objective standard that assesses the reasonableness of state responses to known risks, particularly in light of persistent unconstitutional conditions within correctional facilities, such as inadequate living conditions and unchecked violence. The Article contends that the current subjective approach creates an insurmountable evidentiary burden for incarcerated individuals and fails to ensure meaningful compliance with constitutional protections. By advocating for an objective framework akin to standards used in Fourth and Fourteenth Amendment jurisprudence, the Article suggests that such a shift would enhance institutional accountability, better protect the rights of incarcerated individuals, and affirm the foundational principle that dignity must not be abandoned at the prison gate.
Recommended Citation
Lane Hines Woodke,
Deliberate Indifference Reimagined: Towards an Objective Standard for Eighth Amendment Prison Condition Violations,
91 Mo. L. Rev.
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Available at: https://scholarship.law.missouri.edu/mlr/vol91/iss2/9