Unconstitutionality of Solitary Confinement

Unconstitutionality of Solitary Confinement

The isolation of prisoners in a closed cell for 23 hours a day or more depending on the situation is referred to as Solitary Confinement. Solitary Confinement is based on the unique feature that no human interaction is allowed for days, or even worse for decades. Solitary confinement is used as disciplinary, punitive, or in some cases as a measure of protection for the inmate or the correctional officers, for a determined or undetermined amount of time. Long term confinement can cause physical and mental health issues such as confusion, depression and hallucinations, and vision problems. The first recognized use of solitary confinement dates back to the 1780s when Walnut Street Penitentiary, located in Philadelphia, utilized solitary confinement for rehabilitative purposes. Solitary confinement is not constitutional, and its implementation is only aimed at imposing the superiority of the judicial system to the victims of the confinement and does not offer a better alternative for curbing misbehaving in the cells.

The history of Solitary Confinement is associated with dictatorship and disrespect for humanity. Lessner discusses the history of solitary confinement throughout the article, Cruel, and unusual Burden: The Case for the unconstitutionality of Solitary Confinement. In the article, Lessner notes that the Quakers held a common belief that “silence and isolation would cause reflection and repentance” (Lessner, p.23). Marion State Penitentiary of Illinois became the first prison to adopt universal solitary confinement. However, by the mid-19th century, the common belief by the majority became increasingly apparent of the negative effects caused by solitary confinement. The federal government has already recognized the gruesome effects of Solitary Confinement on numerous occasions, which form the grounds for the declaration that Solitary Confinement is unconstitutional: “Excessive bail should not be imposed, nor excessive fines given, nor cruel and unusual punishment (White, p.1A).”

The section of the law prohibits the federal government from imposing harsh and excessive fines, and punishments. In 1890, the Supreme Court ruled in favor of a former inmate James Medley, arguing that serving lengthy sentences in solitary confinement was inhumane and an indication of cruelty in the punishment structure. Justice Samuel Miller explained: A significant number of the prisoners were reported to fall after a short confinement, most of them becoming unconscious and making them recover became any issue (Lessner).

The inmates in Arkansas State Prison challenged the conditions they were subjected to, evidence that the conditions were unfriendly. In the case of Hutto v. Finney, it was ruled that prison conditions posed a severe risk to the inmates’ health and safety, and the use of isolation would constitute to cruel and unusual punishment (Lessner). The case of Asker v. Governor of California’s is a federal class-action lawsuit on behalf of the inmates at California’s Pelican Bay State Prison. The case rulings that “prolonged solitary confinement violates the Eighth Amendment’s prohibition against cruel and unusual punishment…” (Asker v. Governor).  Former President Obama addressed the complications of solitary confinement through his article “Why We Must Rethink Solitary Confinement.” (Obama); published by the Washington Post. President Obama directed the then Attorney General Loretta Lynch to review the overuse of solitary confinement in the U.S prisons. Obama further analyzed the conditions: “How can we subject prisoners to unnecessary solitary confinement, knowing its effects, and then expect prisoners to return to the community as whole people? It does not create a safe place for anyone. It’s an affront to our common humanity” (Obama). The Justice Department reviewed the conditions of solitary conferment, and President Obama adopted the proposal to reform the U.S. prison system. Banning solitary confinement for juveniles, as a response to minor violations, and increasing the time inmates spend outside their cells were a part of the reform. Solitary confinement has become a customary practice in United States prisons. Confinement was started as a short-term solution, as a response to overcrowded prisons that lacked the resources to manage violent or disruptive behavior. However, solitary confinement became more permanent, and inmates began to spend more time in isolation.

Solitary confinement can be said to be a violation of human rights. The conditions presented by Solitary Confinement strip inmates of any possibility to have direct contact with the social world. The Constitution points out that “in 2011, the U.N. (United Nations) Special report on torture decided that even 15 days in solitary was enough to constitute torture  and cruel, inhuman and degrading treatment or punishment and that deliberate longer detention in solitary can cause irreversible harmful psychological effects” (“Solitary Confinement”). Juan Mendez, a human rights activist, and former U.N. Special Rapporteur is known for his work towards the betterment of the conditions of political prisoners. Mendez’s position regarding solitary confinement is published in an article written by United Nations News. “Social isolation is a harmful element of solitary confinement which reduces meaningful social contact to an absolute minimum…,” (Mendez p. 23). Mendez championed for the end of solitary confinement as pre-trial detention because it violates “the inherent dignity of the person and causes severe mental and physical pain or suffering” (Mendez). Director of the United States program for Human Rights Watch, senior adviser Jamie Fellner believes that long term segregation is a result of failed prison policies. Fellner argues that the main reason behind segregation is associated to the exploding prison populations, which strain meager prison budgets, and have made it difficult for officials to provide prisoners with education, counseling, and rehabilitative activities. According to Godoy, p.34 quote, “No one should confine to a small, empty cell with nothing to do – and no one to talk too- day in and day out, year in and year out,” and Fellner acknowledges that solitary confinement may be necessary for dangerous inmates but suggests that the method of segregation requires critical analysis and revision.

Solitary confinement enjoys support from several institutions and individuals. For example, Anthony Gangi has worked in corrections for over 15 years as an expert in prisoner manipulations and has advocated for solitary confinement. Gangi discusses the importance and value of solitary confinement, in his article “The role of Solitary Confinement, and why it is Necessary.” Defiant inmates are punished by removal, which means correction officers take away the little freedom that the inmates had been enjoying. The hope is always that inmates will make an effort to comply with the rules to get that freedom back. Gangi views solitary confinement the initial process, and step by step; the inmates struggle to try and regain their freedom. Gangi refutes the violation of the 8th amendment as he points out: “during the confinement process, the physical and mental wellbeing of the inmate is keenly monitored. [Confinement] is an extreme measure that only gets employed when the safety and security of others are at risk…,” (Gangi). Gangi is an advocate for solitary confinement because it is a transitional aid.

Although the actual practice of solitary confinement is legal, there are some much-needed reforms to make it more tolerable and effective. A list of well-defined offenses that need to be punished by solitary confinement should be availed. Each correctional facility should not have the power to dictate the offenses that amount to solitary confinement. Finally, inmates should not be denied any recourses or programs that are available to inmates living in the general population. The bottom line is that an inmate that is sitting in the windowless cell is still human and has an active mind and body, which should be afforded the resources to reflect and grow as a human being.

Solitary confinement is a disheartening act especially when subjected to individual for the sake of serving the egos of others. Mostly, the treatment fails to be proportional to the types of crimes committed. Individuals have enjoyed less cruelty and punishment after committing severe crimes while others have suffered seriously for mistakes not done. An example of a group that suffered for crimes not committed were the Angola 3 (group). The conclusion by amnesty international on human rights indicated that the three individuals only suffered as targets of mistreatment and no sufficient evidence was availed as to why solitary confinement had to be subjected on them.

In extreme cases, inmates under solitary confinement are denied access to medical care and health programs necessary for the wellbeing of the inmates.’ The Human Rights watch and the United Nations have been at the front line in questioning the inhumane treatment towards the inmates. However, the attempts by international bodies are questionable since the measures proposed do not appear to be giving a long term solution but rather a temporary solution to the problem in hand. The fact that rules are not set to control the number of times that an inmate should be subjected to solitary confinement makes some inmates at the verge of suffering severe medical complications, and most of the cases lead to loss of lives by the inmates. The exposure to solitary confinement does not take gender considerations and most times ladies are also subjected to the same treatment as men. The nature of ladies makes them much easily broken as compared to men and thus should be considered when such decisions are made. The decision to subject an inmate to solitary confinement should be taken with a lot of consideration and should involve well laid down procedures to prevent mistakes that would cost the prisons department.

Inmates living in solitary confinement are subjected to torture and abuse, which is a clear violation of the 8th amendment to the U.S. Constitution. The long -term isolation causes physical and mental health complications. The federal government has recognized the disadvantages of solitary confinement under different circumstances and is beginning to make efforts to reform the U.S. penal system. However, there will always be issues with solitary confinement. The only correct way to improve U.S. prisons is to abolish solitary confinement completely. Solitary confinement is used as disciplinary, punitive, or in some cases as a measure of protection for the inmate or the correctional officers who argue that the confinement aims at protecting lives. Generally, Solitary confinement is not constitutional, and its implementation is only aimed at imposing the superiority of the judicial system to the victims of the confinement and does not offer a better alternative for curbing misbehaving in the cells.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Works Cited

“Asher V. Governor of California.” Center for Constitutional Rights,

ccrjustice.org/home/what-we-do/our-cases/ashker-v-brown.

Boyd, J. Wesley. “Solitary Confinement: Torture, Pure and Simple.” Psychology Today, Sussex Publishers,

www.psychologytoday.com/us/blog/almost-addicted/201801/solitartroturrpure-and-simple.

Gangi, Anthony. “The Role of Solitary Confinement, and why it’s Necessary.” CorrectionalOne, www.correctionone.com/treatment/articles/9487054-The-role-of-solitary-confinement-and-why-its-neccessary/.

Godoy, Maria. Q&A: Solitary Confinement & Human Rights.” NPR, www.npr.org.

Goodman, Amy and Moynihan, Denis. “Solitary Confinement is Not the Answer.” Progressive populist, 6/1/2014, vol. 20 issue 10, p22-22.1/3p.

Landau. Elizabeth. “Solitary Confinement: 29 Years in a Box.” CNN,Turner Broadcasting system,

Lessner, Jodi. “A cruel and Unusual Burden: The Case for the Unconstitutionality of Solitary Confinement.” Columbia Undergraduate Law Review,bolgs.cuit.columbia.edu/culr/2017/11/19/a-cruel-and-unusual-burden-the-case-for-the-unconstitutionality-of-solitary-confiement/.

Mendez, Juan “Solitary Confinement Should Be Banned in Most Cases, UN Expert Says.” UN News, United Nations,

news.un.org/en/2011/10/392012-solitary-confinement-should-be-banned-in-most-cases-un-expert-says.

Obama, Barack. “Why We Must Rethink Solitary Confinement.” Washington Post,www.washingtonpost.com/opinions/barack-obama-why-we-must-rethink-solitary-confinement/2016/01/25/29a361f2-c384-11e5/8965-0607e0e265ce_story.html?noredirect=on&utm_.a976003522e5.Editioral.

US Constitution. Amendment VIII. National Archives, National Archives and Records     Administration, www.archive.gov/global-pages/privacy.html#copyright.

Group, NPR. “Angola 3, and something about how disproportionately confinement is applied to black    prisoners.” (2013).