05 January 2015

4. And the Ruling Is...

Since 1866, there have been a total of about 35 court cases that have been taken to the Supreme Court. The most recent of these cases (Hope v. Pelzer) took place in 2003.

For many of these cases, judges have deemed solitary confinement to be detrimental to those with pre-existing mental health issues, the same thing hasn't been said about the use of isolation as a whole. Solitary confinement hasn't yet been determined to rise up to the standard of mistreatment needed to be considered cruel and unusual punishment and violate the eighth amendment.

Sources:

  • http://solitarywatch.com/facts/faq/
  • http://solitarywatch.com/resources/u-s-supreme-court-cases/ 

2. Isolation and Mental Health

Most people will agree with the idea that humans are social creatures. This means that humans are meant to live with other humans and have regular interaction with others. So, if this is true, what would happen to humans who have most, if not all, social interaction with other humans eliminated?

The results that have been found show that the effect of isolation is disastrous on the human psyche.

For many, living in solitary confinement can lead to madness and other mental health problems, no matter the length of time spent in solitary confinement. Though, it is agreed by many, that the minimum amount of time isolated needed to cause permanent damage is between ten and 15 days. Considering that there are prisoners who have spent months, years, or even decades in solitary, it is easy to see why it has been found that at least half of all suicides that occur in prisons are committed by the small percentage of prisoners in solitary confinement.

Extended time spent in solitary confinement has been found to cause "persistent and heightened state of anxiety and nervousness, headaches, insomnia, lethargy or chronic tiredness, nightmares, heart palpitations, and fear of impending nervous breakdowns... obsessive ruminations, confused thought processes, an over-sensitivity to stimuli, irrational anger, social withdrawal, hallucinations, violent fantasies, emotional flatness, mood swings, chronic depression, feelings of overall deterioration, as well as suicidal ideation" (Torture: The Use of Solitary Confinement in U.S. Prisons). It has also been found that the  neurological damage caused by solitary confinement is similar to that found in head trauma injuries.

It is because of the damaged caused by solitary confinement that critics believe that solitary confinement is legalized torture.

Sources:
  • http://ccrjustice.org/solitary-factsheet
  • http://www.newscientist.com/article/dn21992-does-solitary-confinement-breach-the-eighth-amendment.html#.VKomavnF-gZ

"No Way Out: Undercover in Solitary Confinement" (ABC News)


"Solitary Confinement: No Way Out of the Monster Factory" (ABC News)

"Solitary Confinement: A Controversial Punishment" (ABC News)


"Solitary Confinement: Is It Torture?" (ABC News)


1. Defining Solitary Confinement

When you Google "what is solitary confinement", the definition you get is "the isolation of a prisoner in a separate cell as a punishment." This definition makes sense because it is in the name of what you are looking for.

Solitary-- alone, separate; 
Confinement-- being confined in a space


But what this definition lacks is the specifics of what solitary confinement is. This definition is neat, clean, and easy to understand, but it doesn't have the grisly details of what is actually happening.

To be more specific, solitary confinement is the act of separating prisoners in isolated cells for between 22 and 24 hours a day with little to no human contact. The cells used are usually either 6 ft by 9 ft or 8 ft by 10 ft and only have a steel sink and toilet. Time spent outside the cell is spent in a small yard with heavy security. The amount of time each prisoner spends in solitary varies. Time spent in solitary has ranged from only days to years and even decades.While each individual prison facilities have their own standards and regulations, these are all qualities that they have.  

Another trait that most facilities have in common is the reason why inmates are put into solitary confinement. This reason is that solitary confinement is a method of punishment for prisoners who don't follow the prisons rules or are deemed a danger to themselves, the other inmates, or the guards. 

Solitary Confinement is also supposed to be used as a last resort, if all other efforts fail; however, that is not the case most of the time. For example, the California Code of Regulations states two dozen "Serious Rules Violations", which include "'Possession of five dollars or more without authorization,' 'Tattooing or possession of tattoo paraphernalia,' 'Participation in a strike or work stoppage,' and 'Self mutilation or attempted suicide for the purpose of manipulation'." Additionally, many prisoners end up in solitary confinement due to accusations of being an active gang member. Many of these accusations come from prisoners already in solitary because they are told that they will be let out if they make these accusations.

Source:
  • http://solitarywatch.com/facts/faq/