Nicole Ivgui Criminology Ms. Kovat December 13th, 2013 Is Solitary Confinement Unconstitutional? Solitary Confinement is the isolation of a prisoner in a separate cell as a punishment. Aside from the death penalty, confinement is the most extreme punishment that a prisoner can be sentenced to. Prisoners deserve to maintain their human rights while incarcerated just as much as any ordinary citizen in the United States. Solitary confinement is unconstitutional because it violates the fundamental rights of inmates by physically and socially isolating them, which potentially inflicts severe long-term damage on adolescents. The Center for Constitutional Rights (CCR) has deemed solitary confinement as an unconstitutional form of punishment. It expresses that solitary confinement should be classified as torture because it inflicts potential physical and mental damage on inmates. Being confined to a cell for over 22 hours a day with absolutely no human contact is an inhumane practice and cannot be beneficial enough to overcome the consequences that an inmate must face upon release. Solitary confinement clearly violates the Eighth Amendment, which prohibits “cruel and unusual punishment.” Solitary confinement is the epitome of torture. Inmates often recall not being able to distinguish the time they spend in confinement; hours feel like days, and days feel like months. Certain prisons use solitary confinement differently than others. The Pelican Bay Security Housing Unit (SHU) is known as the “most restrictive prison in California.” It is one of the harshest “super-maximum” prisons in the country, meaning that inmates may be subjected to solitary confinement for a set amount of time or an indefinite duration. This is known as the ‘supe... ... middle of paper ... ...t in solitary confinement because they cannot handle the isolation. When a human being is confined to a small, windowless room in complete isolation from other human beings, the results can only be negative. Communication is key to survival, people feed off of each other to survive. Furthermore, when a human being is deprived of communication and is forced to be alone, it is an unknown experience to them. Nothing in life can prepare someone for this sick excuse of a punishment- the degree of isolation that one is expected to endure in solitary confinement is inhumane. Young people are a lot more vulnerable than adults; therefore the physical and mental effects of isolation take a greater toll on adolescents than on adults. It is not only unlawful but also implacable to place any human being, much less an adolescent, through such a ruthless form of ‘discipline’.
Believe it or not solitary confinement has been around for generations. Exiles and banishments were the very first forms of solitary, but of course the standards for exile and banishment are a bit more extreme. These sentencing were punishments for those who commit crimes and or brought shame or dishonor to a group or family. Generally if exiled or banished one was not allowed to return until proving themselves worthy of being accept it once more. As decades passed developments to solitary were made. At one point criminals were placed in dark and dirty underground holes, these methods were known as "uncontrolled" solitary. The first "controlled" solitary attempt in America was in 1829 at the Eastern State Penitentiary in Philadelphia. It is on a Quaker believe that prisoners isolated in stone cells with only a Bible would use the time to repent, pray and find introspection (Sullivan). Current solitary confinement rooms are basic, well-lit, sterile boxes. Uncontrolled and controlled solitary
A reality where the prisoner is dehumanized and have their rights and mental health abused. “I have endured lockdowns in buildings with little or no heat; lockdowns during which authorities cut off the plumbing completely, so contraband couldn’t be flushed away; and lockdowns where we weren’t allowed out to shower for more than a month” (Hopkins 154). A prisoner currently must survive isolation with improper shelter in the form of heat. Issues compound with a lack of running water and bathing, a proven severe health danger, especially for someone lacking proper nutrients such as a prisoner in lockdown. These abuses of physical well being then manifest into damage of prisoners’ mental well being. “Perhaps I should acknowledge that the lockdown-and, indeed, all these years-have damaged more than I want to believe” (Hopkins 156). Even for the experienced prisoner the wrath of unethically long lockdowns still cause mental damage. Each and every isolation period becomes another psychological beating delivered as the justice system needlessly aims to damage the already harmed inmates. The damage is so profound inmates even recognize the harm done to them by their jailors. An armed and widely used psychological weapon, the elongated lockdown procedures decimate mental health each and every time
Yet, solitary confinement is still considered necessary in order to maintain control within the prison and among inmates. Solitary confinement is seen as an effective method in protecting specific prisoners and altering violent/aggressive disobedient behaviors, (Maria A. Luise, Solitary Confinement: Legal and Psychological Considerations, 15 New Eng. J. on Crim. & Civ. Confinement 301, 324 (1989) p. 301). There is some discrepancy among researchers as to the varying effects on inmates who have undergone an extensive solitary confinement stay. Most researchers find that inmates who had no previous form of mental illness suffer far less than those who do, yet most if not all of these individuals still experience some difficulties with concentration and memory, agitation, irritability, and will have issues tolerating external stimuli, (Stuart Grassian, Psychiatric Effects of Solitary Confinement, 22 Wash. U. J. L. & Pol’y 325 (2006) p. 332). Although these detrimental psychiatric repercussions of solitary confinement currently appear, several researches have made suggestions as to how these may be avoided. These requirements being that
Every school, psychiatric unit should always make an effort to prevent the need for restraint and seclusion. Everyone has their own opinion on how they feel about these two issues and what the laws should be set on. School policies on seclusion and restraint will always differ from the psychiatric unit’s policy since they are two different environments and may deal with different clientele. There have been many laws that have been set and also changed throughout the years regarding how you should and shouldn’t restrain a patient or student because you could eventually seriously injure them. It can also be bad to seclude a student or patient because they could do multiple things to hurt themselves when they are being secluded.
Isolation may help a juvenile come into conclusion about why they are justified to being in prison. From personal experience I have observed how someone that I know has been conducted to jail for a short period of time they automatically regret their actions and decisions. A real life story about a juvenile’s isolation made him recognized the crime he committed is Greg Ousley. Scott Anderson, author of the New York Times article “Greg Ousley Is Sorry for Killing His Parents. Is that Enough?”declares that Greg feels guilty after being in jail for so many years and many revelations have been exposed to him. Even though a murder might have finally rehabilitated, our systems should still protect our state and community by keeping them behind bars because you never know when another episode or attack can be
Solitary Confinement is a type of isolation in prison which a prisoner is segregated from the general population of the prison and any human contact besides the prison employees. These prisons are separated from the general population to protect others and themselves from hurting anyone in the prison. These prisoners are deprived of social interaction, treatments, psychologist, family visits, education, job training, work, religious programming and many other services prisoners might need during the sentence of their imprisonment. There are roughly 80,000 prisoners in solitary confinement but 25,000 are in long term and supermax prisons. According to the Constitution, “The Eighth Amendment [...] prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishment”(US Const. amend. VIII). Solitary confinement is suppose to be the last straw for inmates to be in. If they don 't follow it, they can be on death row. Taxpayers pay roughly $75,000 to $85,000 to keep prisoners in solitary confinement. That is 3 times higher than the normal prisons that taxpayers pay for them to be in prison. Solitary confinement was established in 1829 in Philadelphia for experimentation because officials believed it was a way for
Since the early 1800s, the United States has relied on a method of punishment barely known to any other country, solitary confinement (Cole). Despite this method once being thought of as the breakthrough in the prison system, history has proved differently. Solitary confinement was once used in a short period of time to fix a prisoners behavior, but is now used as a long term method that shows to prove absolutely nothing. Spending 22-24 hours a day in a small room containing practically nothing has proved to fix nothing in a person except further insanity. One cannot rid himself of insanity in a room that causes them to go insane. Solitary confinement is a flawed and unnecessary method of punishment that should be prohibited in the prison system.
In the 1970s, prison was a dangerous place. Prison violence and the high numbers of disruptive inmates led prison authorities to seek new ways to control prisoners. At first, prison staff sought to minimize contact with prisoners by keeping them in their cells for a majority of the day. As time went on, the prison authorities began to brainstorm the idea of having entire prisons dedicated to using these kind of procedures to control the most violent and disruptive inmates. By 1984, many states began construction on super-maximum prisons. In California, two supermax facilities were built by the state: Corcoran State Prison in 1988, and then Pelican Bay in 1989. The federal government soon followed suit and in 1994, the “first federal supermax opened, in Florence, Colorado.” It was not much longer before supermax prisons could be seen all over the country (Abramsky). In Wisconsin’s supermax facility, with similar conditions being found in a majority of supermaxes, there are “100-cell housing units” that are in groups of 25 cells. These cells all face a secured central area. Technology plays a major role in keeping the facility to the highest security standards. Every cell’s doors are controlled remotely and the cells include “video surveillance, motion detection and exterior lighting” (Berge). With these technological securities, there are also procedural precautions. Inmates are kept in their cells for 23 hours a day until their sentences are done. This is said to be for prisoner and staff safety, although some feel otherwise. In 2001, 600 inmates at Pelican Bay went on a hunger strike, demanding reform. Those on hunger strike believed that the isolation and deprivation they faced was against their Eighth Amendment rights. ...
If a person convicted of a crime shows no signs of being mentally ill when entering a prison which enforces the long-term use solitary confinement, by the time they completed their sentence and are released, their mental health will have been severely compromised. Studies have shown that the long-term use of segregation in prisons can cause a wide variety of phycological effects such as anxiety, psychosis, depression, perceptual distortions, and paranoia, often leading to a desire to self-harm or in more severe cases suicide. Not only is it wrong to hold a criminal in solitary confinement for any longer then fifteen days, it is unconstitutional. Although many believe the use of solitary
Solitary confinement is a mandated arrangement set up by courts or prisons which seek to punish inmates by the use of isolated confinement. Specifically, solitary confinement can be defined as confinement in which inmates that are held in a single cell for up to twenty-three hours a day without any contact with the exception of prison staff (Shalev, 2011). There are several other terms which refer to solitary confinement such as, administrative segregation, supermax facilities (this is due to the fact that supermax facilities only have solitary confinement), the hotbox, the hole, and the security housing unit (SHU). Solitary confinement is a place where most inmates would prefer not to go. There are many reasons for this.
Many have been imprisoned, then subject to the horrors of torture known as solitary confinement or administrative segregation (AS) in the Canadian prison system. No matter the crime, it is a harsh punishment to inflict on any human being. The practice typically involves confining a prisoner to a single cell 23 hours daily with no meaningful human contact. Administrative segregation can last for months to years at a time. It is non-rehabilitative as it has negative effects on human beings causing symptoms of depression and self-harm, cognitive disturbances, and psychosis. Additionally, inmates in AS are more likely than the general population to commit suicide. Punishment through administrative segregation is paradoxical to the Canadian prison
By doing things, we learn who we are and we learn our worth as a person. The two things solitary confinement does are make people solitary and idle” (Sifferlin, Alexandra). Isolation and confinement remove prisoners’ ability to perform significant tasks and act as a part of society.
Solitary confinement does not help challenging prisoners in the long run. Solitary confinement actually has the potential to cause inmates to lose their ability to control and manage their anger. If an inmate continues to be violent, the result is a longer time in solitary confinement. Solitary confinement is inhumane and should be called torture. Putting and keeping an individual in solitary confinement puts them at a very serious risk of developing a mental illness, which may not be recoverable. Solitary confinement causes many effects that range in severity; it is not something that inmates should be subjected to
People encounter restrictions and restraints daily: doors, walls, gates. The most frequently used and arduous are those that are intangible, be it in a job or social life, whether physical or emotional, literal or figurative. Both the tangible and intangible are seen in Charlotte Perkins Gilman’s “The Yellow Wallpaper” and John Steinbeck’s “The Crysanthemums”. Though written by members of the opposite sex, both authors are able to capture the feelings of physical and emotional imprisonment that causes a gradual mental breakdown. “The Yellow Wallpaper” traces the treatment of a woman who descends from depression to madness in the male-imposed psychiatric confinement of her room, while the wife, Elisa, in “The Crysanthemums”, reflects an internal struggle with herself to find her place in a world of definite gender roles. The situations of the two women are similar: talents and dreams, hopes and desires, shunned by the husbands and times of the women, which leads to hysteria; though similar, the women to conduct themselves ways drastically different from one another, which determines whether the women lose their sanity.
People support sending juveniles to adult prisons for many reasons. One reason is that it is the job of the courts to help protect society. Once a troubled juvenile is sent to an adult prison, they are out of the way of society. Hopefully when they re-enter, the punishments they received will be imprinted in their brain and stop them from performing any wrong again. Another reason people think that disturbed youth cannot be saved is that punishment will not save them from themselves and they just need to be locked up forever. It is thought to be true that juveniles who are sent to jail will not commit the same crime again or even any crimes at all. All the reasons and opinions that say that juveniles should be sent to adult prisons for their heinous crimes seem logical. Despite this, they are not. There are more rational reasons why adolescents should be sent to their own private penitentiary.