Cruel and Unusual Punishment on Incarcerated Transgender Persons (Essay Sample)

The Incarceration of Transgender Persons
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Traditionally, an individual’s gender is arrived upon based on the presentation of either male or female genitals. Male and female are considered to be mutually exclusive (Bonar, 2015). However, in today's world, this binary system is not sufficient as it fails t consider individuals who identify as transgender. Such individuals “display behaviors, including dress, appearance, etc., that vary from the gender they were assigned at birth” (Cornelius, 2020). One of the sectors where the binary system has failed is the U.S. Department of Corrections. Since late in the 19th century, prisons in the country have been divided based on sex. Male criminals are assigned to male prisons, and female prisoners are assigned to female prisoners. The system fails to account for individuals who do not fit into either of the two predefined categories. In most cases, transgender persons who have not had genital reconstruction surgery are assigned to prisons based on their gender at birth. Prison officials fail to identify their gender identity. As a result, such individuals end up being targets of discrimination, sexual violence, and neglect (Bonar, 2015). A significant number have gone to court to fight the prison system citing that the system violates the eighth amendment with regards to their needs. They argue that assigning transgender persons to prisons based on their gender at birth and not the gender they identify with is cruel and unusual punishment, and I agree. This paper seeks to illustrate that the imprisonment of transgender individuals based on the gender assigned at birth is indeed cruel and unusual punishment and violates the Eighth Amendment.
According to the Eighth Amendment of the constitution, “Excessive bail shall not be required, nor excessive fines