Thursday, August 4, 2011

Cruel & Unusual Punishment?

As a criminal defense attorney, I occasionally read court decisions on what are called "condition of confinement" cases involving whether or not conditions in a jail are so deplorable they violate the constitution's prohibition on "cruel and unusual punishment."  At least one United States Supreme Court decision from 1981 (Rhodes v. Chapman) considered whether a district court was correct in deciding inmates were being subjected to "cruel and unusual punishment" by being subjected to being doubled up in cells that provided each inmate with less than the 50 to 55 sq. ft. recommended by prison designers (NOTE - the court found they were not). 

With that background in mind, consider Clark Tyler.  Mr. Tyler is an architect living in the Hells Kitchen area of Manhattan in New York City.  Mr. Tyler (voluntarily) lives in what he euphemistically calls "an apartment" that totals 78 square feet in size.  He shows off his $800 per month rental in video here

The "apartment" is a single room (with 78 sq. ft. you expected more than one room?).  Although the dimensions of the rental are not given, it appears to be about 6 1/2 ft. wide by 12 ft. long.   There is no kitchen and there isn't even a bathroom.  He shares a bath that is down the hall with three other such "apartments."  If that isn't enough to convince you Mr. Tyler is the model of efficiency, it turns out his "apartment" is also his "office" since he works from home.