Offender In Custody Vs Community Corrections

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In the scenario, a community corrections officer subdues an unruly offender who is in custody by spraying mace on the offender, and it also affects another alleged violator in an adjoining area. The Eighth Amendment of the United States Constitution states that there should not be any cruel or unusual punishments inflicted (U.S. Const. amend. VIII). Based on the facts in the scenario, I do not believe that the offender in custody or the alleged probation violator waiting had their Constitutional rights violated. There could possibly be a civil action brought on by the offender that was a bystander depending on the actions and circumstances that the community corrections officer took when he administer the mace to the unruly violator. Probation