Man Held In Solitary Confinement For 41 Years
71-year-old Herman Wallace died on October 8, 2013, approximately one week after being released from prison in Louisiana. Mr. Wallace, a member of the Black Panthers and one of the Angola 3, was convicted of armed robbery in 1971 and sent to Angola State Prison. The next year, he was accused of fatally stabbing a prison guard. Although the evidence against Mr. Wallace was rather thin, consisting mainly of testimony from paid informers, prison officials confined Mr. Wallace to a closet-sized cell for the next 41 years. The punishment remained in effect even after Mr. Wallace was diagnosed with cancer.
On October 1, 2013, Mr. Wallace was released after a federal judge overturned his conviction because the grand jury that indicted Mr. Wallace excluded women. Witnesses state that the gravely ill Mr. Wallace was largely unaware of the events as he drifted in and out of consciousness, but that he did smile and nod when told that he was free.
Cruel and unusual punishment
Los Angeles criminal defense attorneys frequently use the Eighth Amendment to help minimize the punishments that convicted offenders receive. Although the phrase is frequently associated with the death penalty and capital cases, what constitutes cruel and unusual punishment depends on:
Evolving standards of decency
Proportionality (the punishment should fit the crime)
Poor confinement conditions
The definition of cruel and unusual punishment is very vague and can be difficult to prove in court, but it is obvious in extreme cases such as the case involving Mr. Wallace. Others point to lengthy sentences imposed for minor drug violations, as part of the so-called “war on drugs.” The bottom line is that the sentence should be proportional to the crime that was committed — and not society’s opinion of the crime or criminal.
At the Law Offices of Arash Hashemi, our team of expert criminal defense lawyers is dedicated to fighting aggressively for our clients’ rights. To schedule a consultation with a lawyer at our firm, call us at (310) 448-1529 or contact us online. Located in Westside Towers in LA, our office is minutes from Santa Monica, Beverly Hills, and Westwood and steps away from the Expo/Bundy Station. We have flexible hours and offer weekend appointments, and we will visit you in jail for consultation on your case.
