Jackson v. Bishop

Background

Arkansas rules authorized prison officials to beat inmates with a five-foot leather strap known as a "bull hide." An earlier suit had resulted in a decision permitting the use of the strap, provided that "appropriate safeguards" were in place.

Blackmun's writings

Few precedents had existed for applying the Eighth Amendment to prison conditions. In pre-opinion writings, Blackmun wrote that constitutional standards evolve, as opposed to remaining static; he noted that nearly every state had abandoned corporal punishment in prison. Blackmun supported banning corporal punishment in prisons entirely.

Opinion

Blackmun held that use of the strap in question is punishment that "runs afoul" of the Eighth Amendment. He wrote that "any so-called safeguard is entirely unworkable" and that the strap "is abhorrent to public opinion."

Reception

Blackmun's opinion received favorable notice from both the judicial and public community.