Solitary confinement surpasses the violation of rights and reaches the level of torture as prolonged exposure to isolation can have irreversible effects. The United Nations, established following the end of World War II, attempted to form universal standards of human rights that would force accountability for each country. This charter was in direct response to the heinous crimes against targeted groups, especially those that were placed in concentration camps. While the U.N. does not specifically mention prisoners, it is clear that everyone is viewed as equal under the law (The United Nations, 1945). In 1948, the United Nations produced the Universal Declaration of Human Rights, in an effort to strive further for equality of rights. Article 5 in this legislation states, “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment” (The United Nations, 1948). These documents did not have any legal consequences, but were globally viewed as international law.
By 1949, prisoners’ rights became a critical issue in the Geneva Conventions. In particular, the Geneva Convention Relative to the Treatment of Prisoners of War defined how prisoners of war should be treated in the same manner as civil prisoners, while outlining the human rights for all prisoners (The United Nations, 1949). Solitary confinement was viewed as legal, but used sparingly. It would take several decades and numerous studies on the effects of solitary confinement for global
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.
Greg Dobbs is a journalist, professional public speaker, and ABC News correspondent. Dobbs argues in agreeance of keeping solitary confinements in the prison systems for way of punishment. He first talks about Rick Raemisch’s, Department of Correction boss, experience as he stayed in solitary confinement for twenty hours at the Colorado Prison. Dobbs quoted Raemisch when he said, “I sat with my mind”. Raemisch brought a lot of attention to the evil side of solitary confinement says Dobbs. He then reminds the reader that convicted criminals
There have been various studies conducted over the past few decades that show the devastating consequences of the use of solitary confinement in prisons. Studies show that the method of solitary confinement has the potential to lead to severe psychological effects on prison inmates. To address the consequences of solitary confinement in the U.S. federal prison system, President Obama directed Attorney General Loretta E. Lynch as well as the Justice Department to review and analyze the overuse of solitary confinement in U.S. prisons. Six months later, on January 25th, 2016, President Obama officially announced that he is adapting the recommendations proposed by the Attorney General and the Justice Department to reform the federal prison system.
Mother Behind Bars examines a lot of inadequate policies and procedures that these states have in place for federal and state correctional facilities. This report card bring up the issue on prenatal care, shackling, prison nurseries, and family based treatment as an alternative to incarceration however in this paper I will focus on the restraints on these pregnant inmates. New Jersey received a grade of D for shackling policies. Besides New Jersey thirty-seven other states obtain a D/F for their failure to comprehensively limit, or limit at all, the use of restraints on pregnant women transportation, labor, delivery, and postpartum recuperation (National Women’s Law Center, 2010). The use of restraints can compromise the health and safety of the women and the unborn child. Shackling pregnant women is dangerous and inhumane; women prisoners are still routinely shackled during pregnancy and childbirth. The reason these women are shackled is for safety and security, despite the fact that shackling pregnant women is degrading, unnecessary and a violation of human rights some state still condone this practice.
Solitary confinement has had a long history in the American prison system. America is the first country to adapt solitary confinement into the prison regiment. Pennsylvania had the first special housing units for inmates or “SHU”. When Europeans came to America to look at the new model for prisons in Pennsylvania they wrote reports describing to the European parliament on how prisoners were treated like caged animals. Many of them quickly realized that this was not what prisons were set out to accomplish. The purpose of a prison is to rehabilitate criminals and bring them back into society as an individual that has the best mental tools and skills to make their respective communities better. Putting inmates in solitary confinement for more than 48 hours can only lead to awful emotional pain and mental problems which can result in self-destructive behavior to regain the self-control that is being deprived through this process of isolation and expulsion.
"Supermax" is short for "super-maximum security." It is a place designed to house violent prisoners or prisoners who might threaten the security of the guards or other prisoners. Some prisons that are not designed as supermax prisons have "control units" in which conditions are similar. The theory is that solitary confinement and sensory deprivation will bring about behavior modifications.
Solitary confinement is occasionally used in most prison systems as a means to maintain prison order. Mainly for disciplinary punishment, or as a place to put inmates that are at escape risk, or a risk to themselves and prison order. Sometimes inmates that are sex offenders voluntarily choose solitary as a means of protection from other prisoners. Sometimes solitary can be used to hold pretrial detainees to prevent them from messing with witness, so they can’t try and force a confession. For 23 hours a day inmates are confined to the barren environment that is their cell with high surveillance (Smith, Peter Scharff, 2006.) Inmates have no social contact. Visits and phone calls are infrequent and highly restricted. Visits sometime only take place via video screens. The physical contact one experiences is limited to the interaction with prison guards, weather it be putting on restraints or taking them off.
The concern of the effects solitary confinement has on those who experience it has also called up the opinions of religious figures. Pope Francis condemned solitary confinement and all capital punishment sometime in October 2014. Roughly translated by Jean Casella on solitarywatch.com the Pope said, “One form of torture is sometimes applied by imprisonment in maximum security prisons. With the motive of providing greater security to the community or special treatment for certain categories of prisoners, its main feature is none other than the isolation. As demonstrated by studies carried out by different human rights bodies, the lack of sensory stimuli, the complete lack of communication and the lack of contact with other human beings, causes
A 2014 U.S. National Research Council reports discovered that in 2012, around one-fourth of the world's whole detained populace was housed in the United States. On a normal, 1 in every 100 Americans are in detainment facilities (Freudenberg, Daniels, Crum, Perkins, & Richie, 2005). One correctional facility practice has come under contemplation in recent years because of the separation of prisoners into special management for the purposes of severe punishment. It is commonly known as solitary confinement, segregation, isolation, and special management. This practice frequently involves sending prisoners in small, confined (precisely a box) for months, or even years. Long-haul detainment as an option apparently is more sympathetic sentence for detainees who have carried out terrible wrongdoings, and may not be considerably more caring than capital punishment. Turns out that keeping prisoners imprisoned in isolation for long-haul sentences can have genuinely harmful impacts on prisoners.
While solitary confinement is one of the most effective ways of keeping todays prisoners from conflict and communication, it is also the most detrimental to their health. According to NPR the reason for most solitary confinement units in America “is to control the prison gangs (NPR, 2011).” But that is not always the case. Sometimes putting a gang member in solitary reduces the shock and awe effect that it is supposed to have, when they start losing their minds. The prisoners kept in solitary confinement show more psychotic symptoms than that of a normal prisoner, including a higher suicide rate. Once a prisoner’s mental capacity to understand why he is in prison and why he is being punished is gone, there is no reason to keep said
Does solitary confinement cause severe mental issues? Are the mentally ill allowed to be put in solitary confinement? How bad can the mental issues possibly get if you don’t have a mental issue before being put in solitary confinement? All of these are questions some people ask, but really don’t care enough to dig deeper. What if your loved one or even you were to be put in solitary confinement? Wouldn’t you want to know what it was, wouldn’t you want to know what the affects of this punishment are?
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
It was in a brainstorming situation that I discovered the topic of discussion I wanted to hear a convincing opposition against. I knew that choosing something more controversial would garner a greater opposition, but at the same time, I wanted to avoid topics that seemed almost too commonplace in assignments like this. With that in mind, I decided to hear out the opposition against my view of the inhumanity of solitary confinement. The person with whom I discussed, who will be referred to as Person X for the purposes of this write-up, believed that in certain situations, solitary confinement was a just punishment. We had this discussion waiting for our Microbiology class to begin. Bringing up random topics of discussion is not something unusual within the scope of my character, and so rather than wait for an opportunity that would not present itself, I simply asked Person X for his/her opinion on solitary confinement as a justified punishment for convicted criminals. To give the discussion some direction and so that I could better understand Person X’s point of view I asked some questions. The two most important I found being: “Why do you feel that it’s okay to punish people like that in some cases but not in others?” and “How long is too long?”. I found these questions particularly helpful in understanding Person X’s position because I noticed that he/she didn’t completely agree with either one side. He/she was intent on making a point based on conditionality. Although I
The ethical theory of utilitarianism and the perspective on relativism, of prison labor along with the relativism on criminal behavior of individuals incarcerated are two issues that need to be addressed. Does the utilitarianism of prisoner’s right laws actually protect them? Or are the unethical actions of the international and states right laws exploiting the prison labor? Unethical procedures that impact incarcerated individuals and correctional staff, the relativism of respect as people and not just prisoner’s; the safety of all inmates and correctional staff, are all issues worth continuous reflection.
While lawful incarceration deprives prisoners of most of Americas Constitutional rights, they do maintain a few constitutional rights. Federal courts, while hesitant to impede with the internal administration of prisons, will interfere to rectify violations of the constitutional rights that prisoners are still entitled to. A prison guideline that oversteps on a prisoner’s constitutional rights is lawful only if it is reasonably related to the safety of the inmates or the rehabilitation of that prisoner.