Emile Durkheim's Solitary Confinement Theory

The use of solitary confinement contradicts Emile Durkheim’s theory of the relationship between law and society because it does not reaffirm the collective conscience or Durkheim’s Theory of Crime and Punishment, and is an example of a repressive law within the complex society of the United States.

Emile Durkheim was a late 19th century/ early 20th-century French sociologist who spent his life exploring what binds people and society together. Durkheim believed that a society’s social morality is encrypted within its’ collective conscience. Collective conscience is a shared set of beliefs, ideas, and morality that are shared within members of a society. It is unseen but nevertheless very sacred in Durkheim’s view. He believes, however, that

It has to be observed by members of a society in order to fulfill its function” (Collins, 2018). Solitary confinement at Supermax prisons typically involves “confinement twenty- three hours each day in a barren environment, under constant high- tech surveillance. Inmates are sometimes able to shout at each other but otherwise have no social contact. (Scharff Smith, 2006). This description clearly shows that prisoners in solitary are not being seen by other prisoners let alone the general population so Durkheim’s Crime and Punishment Theory tenets are not being followed. Prisoners in solitary are also not allowed to have any contact with their family. “... prisoners in the isolation unit were not allowed personal phone calls and were prohibited from physical contact during visits. Some had not had a single visitor during their years in solitary” (Goode, 2015). The reaffirmation of the collective conscience is not being allowed to happen with our current system of solitary confinement since prisoners are kept out of communication with and out of view of the public. One could make the counterpoint that solitary confinement reform is so publicized that it still has the same effect. In the Gangi article, the author says after speaking with several employees in the corrections field “Unfortunately, most media outlets have sensationalized the stories of the few and have really painted a very bias picture to the public” (Gangi, 2016). This does not have the same effect that Durkheim would have wanted. Media coverage of something does not personally expose you to the prisoner or the punishment thus not properly reaffirming the collective