“Solitary confinement”的意思、由来-开放百科全书

Solitary confinement is a form of imprisonment distinguished by living in single cells with little or no meaningful contact to other inmates, strict measures to control contraband, and the use of additional security measures and equipment. It is specifically designed for disruptive inmates that are security risks to other inmates, the prison staff, or the prison itself. It is mostly employed for violations of discipline, such as murder, hostage-taking, deadly assault, and rioting. However, it is also used as a measure of protection for inmates, whose safety is threatened by other inmates. Prison authorities consider solitary confinement an administrative placement measure, not a punishment.

Solitary confinement is colloquially referred to in American English as "the hotbox", "the hole", "AdSeg" (administrative segregation), the "SHU" (pronounced "shoe"), an acronym for "Special Housing Unit" or "Security Housing Unit"; in Australian English as "the Slot" or "the Pound"; in British English as "the block", "The Segregation Unit", or "the cooler".^[1]^[2] It has also been called prison "'segregation' and 'restrictive housing.'"^[3]

Solitary confinement has received severe criticism for having detrimental psychological effects^[4] and, to some and in some cases, constituting torture.^[5] According to a 2017 review study, "a robust scientific literature has established the negative psychological effects of solitary confinement", leading to "an emerging consensus among correctional as well as professional, mental health, legal, and human rights organizations to drastically limit the use of solitary confinement."^[3]

Historical controversy

Research surrounding the possible psychological and physiological effects of solitary confinement dates back to the 1830s. When the new prison discipline of separate confinement was introduced at the Eastern State Penitentiary in Philadelphia in 1829, commentators attributed the high rates of mental breakdown to the system of isolating prisoners in their cells. Charles Dickens, who visited the Philadelphia Penitentiary during his travels to America, described the "slow and daily tampering with the mysteries of the brain to be immeasurably worse than any torture of the body".^[4] Prison records from the Denmark institute in 1870 to 1920 indicate that staff noticed inmates were exhibiting signs of mental illnesses while in isolation, revealing that the persistent problem has been around for decades.^[5]

The first comment by the Supreme Court of the United States about solitary confinement's effect on prisoner mental status was made in 1890 (In re Medley 134 U.S. 160).^[6]^[4] In it the court found that the use of solitary confinement produced reduced mental and physical capabilities.^[4] The use of solitary confinement in prisons was first introduced to regulate unruly prisoners and keep them away from the rest of the prison society (Haney, Craig; Lynch, Mona). However, solitary confinement has been linked to several developments of mental disorders, one of which being Ganser syndrome. A man developed Ganser syndrome after being held in solitary confinement for a long-term sentence; however, that development is seen as rare and is unlikely in most cases.

The effects of solitary confinement on mental health are undeniable. According to the Journal of the American Academy of Psychiatry online, solitary confinement can cause an array of mental disorders, as well as provoke an already existing mental disorder in a prisoner, causing more trauma and symptoms. Solitary confinement is a form of imprisonment practiced worldwide, but no positive effects of the punishment have been proven (Jaapl). Nonetheless, penal confinement involving solitude has been described as having a beneficent effect on anthrophobes.{{citation needed|reason=Cannot find source – Murchinson was 13 in 1900 and JGP didn't exist until 1924|date=June 2016}}

Use

The practice is used when a prisoner is considered dangerous to themselves or to others, is suspected of organizing or being engaged in illegal activities outside of the prison, or, as in the case of a prisoner such as a pedophile or witness, is at a high risk of being harmed by another inmate or inmates. The latter example is a form of protective custody. Solitary confinement is also the norm in supermax prisons where prisoners who are deemed dangerous or of high risk are held. It may be hard to determine the number of people currently being held in solitary confinement because some prisons have a hard time defining it. However, it is estimated that 80,000 to 100,000 people are currently in solitary confinement.^[3]

Effects and access to care

The effects of solitary confinement on juveniles can be highly detrimental to their growth. The isolation of solitary confinement can cause anguish, provoke serious mental and physical health problems, and work against rehabilitation for juveniles.^[8]{{rp|77}} Because young people are still developing, traumatic experiences like solitary confinement may have a profound effect on their chance to rehabilitate and grow.^[8] Solitary confinement can worsen both short- and long-term psychological and physical problems or make it more likely that such problems will develop.^[8]{{rp|22}} The American Civil Liberties Union (ACLU) and Human Rights Watch created a report that incorporated the testimony of some juvenile inmates. Many interviews described how their placement in solitary confinement exacerbated the stresses of being in jail or prison. Many spoke of harming themselves with staples, razors, even plastic eating utensils, having hallucinations, losing touch with reality, and having thoughts of or attempting suicide – all this while having very limited access to health care.^[8]{{rp|29–35}}

Juveniles in solitary confinement are routinely denied access to treatment, services, and programming required to meet their medical, psychological, developmental, social, and rehabilitative needs.^[8]{{rp|3,92}} The ACLU and the Human Rights Watch have made recommendations at both a State and Federal level regarding their lack of access to medical services etc.

As well as severe and damaging psychological effects, solitary confinement manifests physiologically as well. Solitary confinement has been reported to cause hypertension, headaches and migraines, profuse sweating, dizziness, and heart palpitations. Many inmates also experience extreme weight loss due to digestion complications and abdominal pain. Many of these symptoms are due to the intense anxiety and sensory deprivation. Inmates can also experience neck and back pain and muscle stiffness due to long periods of little to no physical activity. These symptoms often worsen with repeated visit to solitary confinement.^[9]

Legality

The UN Special Rapporteur on Torture and other UN bodies have stated that the solitary confinement (physical and social isolation of 22–24 hours per day for 1 day or more) of young people under age 18, for any duration, constitutes cruel, inhumane, or degrading treatment.^[8]{{rp|76}}

Human rights

In the UK, the state has a duty to “set the highest standards of care” when it limits the liberties of children.^[10] Many believe, Frances Crook included, that incarceration and solitary confinement are the harshest forms of possible punishments and “should only be taken as a last resort.” ^[10] Additionally, because children are still mentally developing, incarceration should not encourage them to commit more violent crimes.^[10]

Effects

The penal system has been cited as failing to protect juveniles in custody.^[10] In the UK, “twenty-nine children have died in penal custody in 1990. Some 41% of the children in custody were officially designated as being vulnerable.”^[10] This is attributed to the fact that isolation and physical restraint are being used as the first response to punish them for simple rule infractions.^[10] Moreover, Frances Crook argues that these punitive policies not only violate their basic rights, but also leave the children mentally unstable and left with illnesses that are often ignored.^[10] Overall, the solitary confinement of youth is considered to be counterproductive because the “restrictive environment…and intense regulation of children” aggravates them, instead of addressing the issue of rehabilitation.^[10]

United States{{anchor|Solitary_confinement_in_the_United_States}}

History in the United States

The penal system in the United States developed under two separate systems known as the Auburn system and Pennsylvania system.^[4] The current system of solitary confinement was derived originally from the Pennsylvania model which was characterized by "isolation and seclusion." ^[4] Evidence has shown that Quakers and Calvinists supported solitary confinement as an alternative form of punishment. At the time it was meant to provide a prisoner with solitude “to reflect on his misdeeds” and restore his relationship with God.^[4]^[11] Solitary confinement was intended as an alternative to public floggings which were common at the time. In 1818, New York reformer and Friend, Thomas Eddy, lobbied for inmate labor and solitary confinement in place of other forms of punishment such as hanging. Shortly after, New York decided to include solitary confinement and inmate labor into their penal system.^[12]

In the US Federal Prison system, solitary confinement is known as the Special Housing Unit (SHU),^[13] pronounced like "shoe" ({{IPAc-en|ʃ|uː}}). California's prison system also uses the abbreviation SHU, but it stands for Security Housing Units.^[14] In other states, it is known as the Special Management Unit (SMU).^[15] Current estimates of the number of inmates held in solitary confinement are difficult to determine, though generally the minimum held at any given time has been determined to be 20,000, with estimates as high as 80,000.^[16]

The inmate held in solitary confinement for the longest time in U.S. federal prison is Thomas Silverstein, in solitary since 1983. He now resides in ADX Florence federal penitentiary in Colorado.^[17]^[18] The inmate held in solitary confinement for the longest time in the United States is Albert Woodfox, the last of the Angola Three, in solitary in Louisiana State Penitentiary from 1972 to 2016.^[19] A May 2013 report on California's Pelican Bay State Prison in Mother Jones magazine also cites one inmate there who "recently marked his 40th year in solitary".^[20]

Juveniles

Juveniles are held in solitary confinement in jails and prisons across the United States, often for days, weeks, months, or even years in order to punish, protect, house, or treat some of the youth held there.^[8]{{rp|2}} There is significant controversy surrounding the use of solitary confinement in cases of juveniles.

Troubled Teen Industry

The Troubled Teen Industry is a loosely connected series of for-profit wilderness therapy programs, boot camps, therapeutic boarding schools, and residential treatment centers. These facilities house youth after parents sign away custody of their children. These children can be sent to these facilities for any reason, without committing a crime, without a trial, and without legal representation. Solitary confinement is used widely in these programs, including wilderness programs, where children are left alone for weeks in the wilderness. Some programs place children in solitary rooms. Other times, "code silence," or "comm block," is used, which means that the child is not allowed to speak, and the other inmates must ignore them and pretend they do not exist. This practice was documented at Island View Residential Treatment Center.^[21]

Psychiatric hospitals

Patients in psychiatric hospitals are often put into solitary confinement, usually for 24 hours at a time, when staff members determine that they are a danger to themselves or others.

Federal prisons

The use of SHUs within the Federal Bureau of Prisons is regulated under {{CodeFedReg|28|541}}. When placed in the SHU, prisoners are either in "administrative detention status", a non-punitive status which removes prisoners from the general population when necessary to ensure the safety, security, and orderly operation of correctional facilities, or protect the public, or "disciplinary segregation status", a punitive status imposed only by a Discipline Hearing Officer (DHO) as a sanction for committing prohibited acts.^[22] There are more than 100 prohibited acts, all of which may result in solitary confinement, including unauthorized physical contact such as kissing, using abusive or obscene language, feigning illness, circulating a petition, insolence towards a staff member, engaging in or encouraging a group demonstration or protest, and participating in or encouraging a labor strike (also known as a prison strike), gang activity, among others.^[23]

State prisons and municipal jails

Woodbourne Correctional Facility houses the inmate in with the most time spent in New York state's solitary confinement units.{{Clarify|date=January 2018}} Inmate Willie Bosket, now suffering mental and health problems, was confined in Woodbourne Correctional Facility. He has been in SHU for over 20 years after violent incidents directed at prison staff. Allowed no physical contact with humans, he is watched on camera at all times, takes showers in his cell (the water turns on for 10 minutes every two days) and is fed through a metal slot. He is currently serving a sentence of 82 years to life at Five Points Correctional Facility.{{Citation needed|date=January 2018}} Luis Rosado, known as 'Blue Boy', is another prisoner with a violent history facing indefinite solitary confinement in New York State's Correctional system. Pavle Stanimirovic writes about both inmates or as he distinguishes between convict and inmate in a book about his 4 years time in Solitary Confinement and long term keep lock . True Crime Author Burl Barer talks about Pavle Stanimirovic and how it was in SHU with Blue Boy, in Danamora Clinton .CF, Upstate NY a SHU 2000 Box Punch as the convict a person that has suffered a traumatic experience, his true story is a great inspiration for people that might go through the same experience entering into a sub -world of violence, was part violence and many riots, Upstate was part of gangs growing in the 1990s to 2000s is the only known comprehensive first hand account about treatment in Solitary Confinement in the NYSDOCS

Solitary confinement is becoming more and more popular throughout the U.S. with some "supermax" prisons have nothing but solitary confinement cells. "Some people are held in solitary confinement in special "supermax" prisons, such as California's Pelican Bay,^[24] Virginia's Red Onion, and the federal government's ADX in Florence, Colorado. At least 44 states^[25] and the federal system now have supermax prisons, which are generally composed solely of solitary confinement cells. Other prisoners live in SHUs, RHUs, and IMUs within ordinary prisons, and even inside local jails."^[3]

California

When California opened its first "adjustment center", the goal was to return prisoners to the mainline prison population and ultimately to a society through an enrichment program of psychological and social services.^[26] However, the plan was never executed. In 1983, George Deukmejian was elected as the California governor and during his time, he formed what was then the state's newest prison – a massive, windowless “security housing unit” (SHU). SHU was intended to segregate over a thousand prisoners from the rest of the prison system through isolation. Deukmejian boasted that the Pelican Bay State Prison was a "state-of-the-art prison that will serve as a model for the rest of the nation...".^[26]

The prisoners are kept confined to their cells almost twenty-three hours a day and all forms of human contact through refined locking and monitoring systems are minimized. Pelican Bay SHU was one of the first visible “super-maximum security” facilities and thus it attracted lots of media attention.^[26] Those opposing the conditions of California's “supermax” resulted in the federal court criticizing certain features of the prison but left the basic regimen of segregation and isolation largely intact.^[26]

One of the policies of supermax confinement among other policies is designed to increase punishment by removing gang members from the mainline population and subject them to solitary confinement, whether it is for a set amount of time or an indefinite duration. In a recent study, it noted that the California Department of corrections has implemented ways to fix their alleged gang problem, such as using ‘confidential informants,’ segregating gang members, intercepting gang communications, setting up task forces to monitor and track gang members, locking up gang leaders in high security prisons, and ‘locking down’ entire institutions.^[26]

These facilities, supermax prisons, were originally designed to contain and control the worst criminals and those who did not adhere to the rules of prisons, AKA "the worst of the worst".^[54] As of 2001, the count of inmates in administrative segregation in California was 5,982 representing an 80.2% change over time, but this number is not quite correct due to deficient files provided.^[16] Increasingly, the practice of using solitary confinement long term, instead of the intended three-month period, in the supermax prisons as inmate management has become the norm.^[54] The selected inmates, who wear jumpsuits that differentiate them from the general population, will spend around 23 hours a day alone in a cell where they are offered very little and fully monitored as is procedure at Pelican Bay State Prison which is one of the largest supermax prisons in the United States.^[54] In order to be sent to Pelican Bay, the inmate has either committed murder, assault, riots, threatening staff or fellow inmates, and even gang affiliation which must be validated by the prison staff.^[54]

There are 22 SHU units of Pelican Bay which include 132 eight-cell pods that are lit by heavy Plexiglass skylights enclosed by steel cell doors.^[54] The inmates are provided with a concrete slab as a bed, a toilet, small shelf, and a concrete stool with no windows in an 80 sq. foot space.^[54] SHU inmates are allotted for an hour and a half of exercise every day where they are taken to a 26 by 20 foot area surrounded by 20 foot high cement walls.^[54] Only one prisoner from each pod can move at a time and will be placed in waist restraints for any medical/dental appointments to assist in the examination process and may also have leg restraints placed on them before they are able to leave the unit depending on the purpose of the appointment.^[54]

In San Quentin State Prison, the violence rates were still high in the 1980s despite the similar lockdowns and procedures of Pelican Bay because these prisoners use the small windows out of lockdown to either harm themselves or others.^[27] They typically will try not to harm themselves while in the psychiatric hospital ward either, but they will plan out while in lockdown until they can see their plan through.^[27] However even as they near their release dates, they are moved to “prerelease programs” out of the SHU which are successful with some prisoners, but it causes most others to become even more uncontrollable and unpredictable due to their mental states that aren’t properly cared for or screened.^[27]

In May 2012, California's prison system faced a lawsuit from the Center for Constitutional Rights and a group of California attorneys for the use of long terms of solitary confinement, some lasting for decades.^[28]

In September 2014, easing some conditions for inmates in near-solitary confinement in California prisons has died in the state legislature. The bill was among others supposed to reform Security Housing Units rules to allow the inmates to keep photographs and make a phone call after three months of good behavior was listed as inactive on Friday after a decision on Thursday evening by state Senator Loni Hancock to drop it.^[29]

Maryland

In 2012, a report was conducted by the Vera Institute of Justice revealed that Maryland's use of restricted housing was twice the national average (8.5% versus an average of 4%).^[30] Legislation was introduced in ^[31] in 2015.{{citation needed|date=September 2017}}

According to a psychiatrist, Dr. Annette Hanson's article,^[32] who works with Maryland's Department of Public Safety and Correctional Services (DPSCS), prolonged segregation does not provide deleterious effects on inmates. DPSCS also asserted that solitary confinement doesn't exist in their institutions.^[31]

New York

Since the 1980s, the New York City Department of Correction has increased the use of segregation as a discipline and management tool. In effect, segregation is a secondary sentence imposed by the correctional facility, which is usually unrelated to the conviction for which the person is incarcerated.^[33] There are high rates of use of solitary confinement in New York when compared to other U.S. states. Within the New York prison system, solitary confinement is frequently imposed for nonviolent, “trivial prisoner offenses.” Usually the common misconception is that solitary confinement is a punishment of last resort, reserved for inmates who present a threat of violence or escape.^[34] Inmates that are released from solitary confinement go through a “transitional unit” but failure in the program results in their return to solitary confinement. Overall, most of the inmates fail and return to solitary confinement.^[35] New York has the highest rate of “disciplinary segregation” in the country, making solitary confinement a regular every day action among the prison. Although prisons nationwide have decreased use of solitary confinement, the New York City Department of Correction expanded its capacity by 27 percent in 2011 and another 44 percent in 2012, according to the NYC Jails Action Coalition. Although the DOC housed 1,000 more inmates in 1990 than it does today, its jails have more solitary cells now. Due to this the city is topping the charts of municipalities with a high rate of solitary confinement.^[75] On any given day, there are about 4,500 men, women, and children in some form of isolated confinement in New York State prisons. This is not including New York City's jails, which are run under a separate system, where those in solitary confinement reach close to 1,000 or more.^[34]

A new bill was introduced by Councilman Danny Dromm would require the Department of Correction to post a monthly report on its website about punitive segregation. It would also require data on the number of people in punitive segregation, the length of time in this setting, the nature of the infractions, age, mental health, if they were prescribed medication or moved to a hospital, violence against others and inmate requests.^[75] Many are supportive of this bill with the goal being to make jail facilities safer for inmates and correction officers.Individuals who are released and experience solitary confinement go back into their communities and reoffend at higher rates than general population prisoners causing them to land back into prison. Policy changes that will reduce the use and long-term impact of segregation will benefit not only the staff and prisoners in these units but also ultimately the well-being of facilities, systems, and the community.^[33] Councilman Dromm also issued a separate resolution seeking to end the practice of the time owed. For example, an inmate, because of good behavior or other reasons, might only have served 100 of his or her 180-day sentence in solitary and then was released. A few years or even decades later the person is rearrested. Under current rules he or she must complete those unserved 80 days in solitary. This resolution however is only a request since the Council does not have the authority to make the Department of Correction adhere.^[36]

New York City: Rikers Island

The New York City Department of Corrections reported that in fiscal year 2012 more than 14.4 percent of all adolescents detained at Rikers Island between the ages of 16 and 18 were held in at least one period of solitary confinement while detained.^[8]{{rp|131–132}} The average length of time young people spent in solitary confinement at Rikers Island was 43 days. More than 48 percent of adolescents at this institution have diagnosed mental health problems.^[8]{{rp|132}} As violence associated with the crack epidemic became increasingly common, new measures were taken. The Red ID card system, instituted in the early 1990s, was a way of identifying inmates with histories of inciting riots, cuttings, stabbings, and other dangerous behaviors. It almost always meant the convict had spent time in a notorious ward designated for punitive confinement called "The Bing" (HDM 5 Block). Prisoners Pavle Stanimirović, James Rosado, Tyrone Green, Pedro Hernandez, Willie Bosket, Hector Rivera, Ángel Díaz, John Maldonado and Dominick Pollatti all spent time in "The Bing."

The New York City Department of Correction ended punitive segregation for adolescents in December 2014,^[37] and ended punitive segregation for young adults, 18 to 21, in October 2016.^[38] This is partly due to the case of Kalief Browder.

Europe

The European Court of Human Rights has three labels for solitary confinement: complete sensory isolation, total social isolation and relative social isolation.^[39]

In Italy, a person sentenced to more than one life sentence is required to serve a period of between 6 months to 3 years in solitary confinement.

United Kingdom

Solitary confinement as a disciplinary measure for prisoners in Europe was largely reduced or eliminated during the twentieth century.^[40] In 2004, only 40 out of 75,000 inmates held in England and Wales were placed in solitary confinement cells.^[41]

Secure housing units

Officially, the purpose of placing prisoners in secure housing units (SHUs) is to increase control over dangerous inmates. Some hope the SHU encourages prisoners to reflect on their actions. These units are characterized by extreme isolation of prisoners who "are housed in small cells with solid steel doors…for 22 to 23 hours per day."^[42] Inmates are also deprived of social interaction and denied access to educational or therapeutic programs and health care while being held in SHUs.^[42]

Psychological effects

It has been shown that the conditions of these secure housing units have severe mental and psychological effects on prisoners.^[42] Prisoners in SHUs are isolated for long periods of time. Instances of assault and torture against these prisoners in response to trivial things have also been cited.^[42] Social isolation housing, can reduce environmental stimulation, and causes a feeling of loss of control over all aspects of a prisoner's daily life. These environmental stimulations include but aren't limited to hypersensitivity to stimuli, distortions and hallucinations, increased anxiety and nervousness, diminished impulse control, severe and chronic depression, appetite loss and weight loss, heart palpitations, talking to oneself, problems sleeping, nightmares, self-mutilation, difficulties with thinking, concentration, and memory, and lower levels of brain function.^[43] Researchers at McGill University paid a group of male graduate students to stay in small chambers that were to replicate solitary confinement cells. This study was to conduct an experiment on sensory deprivation and how it can cause psychiatric disorders while in solitary confinement as you are deprived of most of your senses in there. The plan was to observe these students for six weeks, but none lasted more than seven days.^[44] The common justification by officials is that prisoners of certain natures deserve to be punished for the threat that they pose to society.^[42] This can be attributed to the fear of increasing crime rates and therefore, support the government's effort to enforce harsher forms of punishment.^[42]

The most "notorious example of the extreme social isolation found in supermaximum custody units" is the SHU at SouthPort NYDOCS Upstate Correctional Facility & Pelican Bay State Prison.^[42] From studying conditions at Pelican Bay, researchers argue that long-term social isolation "carries major psychiatric risks." ^[42] Prisoners are susceptible to developing mental illnesses because they are confined to coffin-like conditions and denied access to basic health services.^[42] Illnesses range from anxiety, clinical depression, and self-mutilation to suicidal thoughts and SHU syndrome.^[42] Yet, it is important to note that the duration of the isolation is the most important factor in determining the effects of solitary confinement.^[42]

Scrutiny

Recidivism

Shira E. Gordon, a University of Michigan Law Student, argues that solitary confinement leads to an increase in recidivism and violence. To substantiate this conclusion, she cites two quantitative research based studies that support this nexus and counters those who argue that solitary confinement deters recidivism.^[47] Daniel Mears and William Bales “compared recidivism rates by matching…prisoners who were incarcerated in solitary confinement with prisoners who had been in the general prison population.”^[47] They found that "24.2 percent of the prisoners held in solitary confinement were reconvicted of a violent crime compared to 20.5 percent of prisoners held in population."^[47] And this behavior may be attributed to the mental illnesses prisoners may develop, as well as the dehumanizing treatment they are subject to.^[47]

Effects

Psychiatric

According to a March 2014 article in American Journal of Public Health, “Inmates in jails and prisons attempt to harm themselves in many ways, resulting in outcomes ranging from trivial to fatal."^[48] Self-harm is greatly increased among inmates who are in solitary confinement. It was seven times higher among the inmates as seven percent of the jail population was confined in isolation and fifty-three percent of all acts of self harm took place there. Self-harm included, but was not limited to cutting, banging heads, self-amputations of fingers and/or testicles. The challenges rose as these inmates were in bare cells, but it drove these prisoners to jumping off their beds head first into the floor or even biting through their veins in their wrists.^[3] While some inmates are known to have psychiatric disorders prior to entering the prison, others develop mental disorders as a result of being placed in solitary confinement. A main issue within the prison system and solitary confinement is the high number of inmates who turn to self-harm.^[48] Studies have shown that the longer one stays in the prison, the more at risk he or she is to self-harm.

One study has shown that “inmates ever assigned to solitary confinement were 3.2 times as likely to commit an act of self-harm per 1000 days at some time during their incarceration as those never assigned to solitary.”^[48] The study has concluded that there is a direct correlation between inmates who self-harm and inmates that are punished into solitary confinement. Many of the inmates look to self-harm as a way to “avoid the rigors of solitary confinement.”^[48] Mental health professionals ran a series of tests that ultimately concluded that “self-harm and potentially fatal self-harm associated with solitary confinement was higher independent of mental illness status and age group.”^[48]

Physicians have concluded that for those inmates who enter the prison already diagnosed with a mental illness, the punishment of solitary confinement is extremely dangerous in that the inmates are more susceptible to exacerbating the symptoms.^[49] Professional organizations, like the National Commission on Correctional Health Care (NCCHC), the American College of Correctional Physicians,^[50] and American Psychiatric Association (APA), work to improve the mental health services, however, the systems within the prisons "remain woefully inadequate."^[49] "Psychological effects can include anxiety, depression, anger, cognitive disturbances, perceptual distortions, obsessive thoughts, paranoia, and psychosis."^[49] These studies suggest that a main issue with isolating prisoners who are known to have mental illnesses is that it prevents the inmates from ever possibly recovering. Instead, many "mentally ill prisoners decompensate in isolation, requiring crisis care or psychiatric hospitalization." It is also noted that if a prisoner is restrained from interacting with the individuals they wish to have contact with they exhibit similar effects.^[49]

Suicide is often seen as a means to escape from solitary confinement, especially amongst those who deal with deeper mental illnesses like depression. Depression is one of the most common reasons why inmates often kill themselves.^[51] Solitary confinement has been said to increase symptoms of those with mental health issues.^[52]

Environment is a factor

"Prisoner mental health is becoming increasingly important," and has caught the attention of the World Health Organization, which aims to reduce the "effects of imprisonment on mental health." One study focused on the "prison environment rather than on individual factors."^[53] The study tested two time periods, short-term and long-term, that evaluated the "mental state changes in response to changes in the environment or prison setting."^[53] It ultimately concluded that solitary confinement was "associated with negative effects on mental health."^[53] Segregation, though similar to solitary confinement, could not be proven to have lasting negative effects on inmates, although those who were segregated had worse mental health than those who were not segregated. The study also concluded that crowding had its own problems, as "increased levels of social density had negative effects on the mental health of inmates."^[53]

Social

Some sociologists argue that prisons create a unique social environment that do not allow inmates to create strong social ties outside or inside of prison life. Men are more likely to become frustrated, and therefore more mentally unstable when keeping up with family outside of prisons.^[54] Extreme forms of solitary confinement and isolation can affect the larger society as a whole. The resocialization of newly released inmates who spent an unreasonable amount of time in solitary confinement and thus suffer from serious mental illnesses is a huge dilemma for society to face.^[27] The effects of isolation unfortunately do not stop once the inmate has been released. After release from segregated housing, psychological effects have the ability to sabotage a prisoner's potential to successfully return to the community and adjust back to ‘normal’ life.^[55] The inmates are often startled easily, and avoid crowds and public places. They seek out confined small spaces because the public areas overwhelm their sensory stimulation.^[55]

Criticism

Ineffectiveness

In 2002, the Commission on Safety and Abuse in America, chaired by John Joseph Gibbons and Nicholas Katzenbach found that: "The increasing use of high-security segregation is counter-productive, often causing violence inside facilities and contributing to recidivism after release."^[56]

Solitary confinement has been traditionally used as a behavioral reform of isolating prisoners physically, emotionally and mentally in order to control and change inmate behavior. Recently arrived inmates are more likely to violate prison rules than their inmate counterparts and thus are more likely to be put in solitary confinement. Additionally, individual attributes and environmental factors combine to increase an inmate's likelihood of being put into solitary confinement.^[57]

Torture

Solitary confinement is considered to be a form of psychological torture with measurable long-term physiological effects when the period of confinement is longer than a few weeks or is continued indefinitely.^[40]^[58]^[59]^[138] According to a law review article by Elizabeth Vasiliades, America's detention system is far below the basic minimum standards for treatment of prisoners under international law and has caused an international human rights concern: "U.S. solitary confinement practices contravene international treaty law, violate established international norms, and do not represent sound foreign policy."^[60]

The documented psychological effects led one judge in a 2001 suit to rule that "Solitary confinement units are virtual incubators of psychoses—seeding illness in otherwise healthy inmates and exacerbating illness in those already suffering from mental infirmities."^[61] In fact, as of 2016, there have been thirty-five U.S. Supreme Court cases petitioning solitary confinement.^[62]

In October 2011, UN Special Rapporteur on torture, Juan E. Méndez, told the General Assembly's third committee, which deals with social, humanitarian, and cultural affairs, that the practice could amount to torture.^[63]

“Considering the severe mental pain or suffering solitary confinement may cause, it can amount to torture or cruel, inhuman or degrading treatment or punishment when used as a punishment, during pre-trial detention, indefinitely or for a prolonged period, for persons with mental disabilities or juveniles,” he warned.^[63]

In November 2014. the United Nations Committee Against Torture noted that full isolation for 22–23 hours a day in super-maximum security prisons is unacceptable.^[64] The United Nations have also banned the use of solitary confinement for longer than 15 days.^[65]

Misuse

Misuse of solitary confinement has been widely controversial. In immigration detention centers, reports have surfaced concerning its use against detainees in order to keep those knowledgeable about their rights away from other detainees.^[66] In the prison-industrial complex itself, reports of solitary confinement as punishment in work labor prisons have also summoned much criticism.^[67] One issue prison reform activists have fought against is the use of Security Housing Units (extreme forms of solitary confinement). They argue that they do not rehabilitate inmates but rather serve only to cause inmates psychological harm.^[68] Further reports of placing prisoners into solitary confinement based on sexual orientation, race and religion have been an ongoing but very contentious subject in the last century.^[33]

Opponents of solitary confinement hold that it is a form of cruel and unusual punishment^[69] and torture^[70] because the lack of human contact, and the sensory deprivation that often go with solitary confinement, can have a severe negative impact on a prisoner's mental state^[71] that may lead to certain mental illnesses such as depression, permanent or semi-permanent changes to brain physiology,^[72] an existential crisis,^[73]^[74]^[75]^[76] and death.^[70]

Access to healthcare

Research has shown that the routine features of prison can make huge demands on limited coping resources. After prison many ex-convicts with mental illness do not receive adequate treatment for their mental health issues, because health services turn them away. This is caused by restrictive policies or lack of resources for treating the formerly incarcerated individual.^[77] In a study focusing on women and adolescent men, those who had health insurance, received mental health services, or had a job were less likely to return to jail. However, very few of the 1,000 individuals in this study received support from mental health services.^[78]

Ethics

Treating mentally ill patients by sentencing them into solitary confinement has captured the attention of human rights experts who conclude that “solitary confinement may amount to cruel, inhuman, or degrading treatment” that violates rights specifically targeting cruel, inhuman treatment.^[49] Health care professionals and organizations recognize the fact that solitary confinement is not ethical, yet the segregating treatment fails to come to a halt.^[49] “Experience demonstrates that prisons can operate safely and securely without putting inmates with mental illness in typical conditions of segregation.”^[49] Despite this and medical professionals’ obligations, segregation policies have not changed because mental health clinics believe that “isolation is necessary for security reasons.” ^[49] In fact, many believe that it is ethical for physicians to help those in confinement but that the physicians should also be trying to stop the abuse. If they cannot do so they are expected to undertake public advocacy.^[79]

Legality

The legality of solitary confinement has been frequently challenged over the past sixty years as conceptions surrounding the practice have changed. Much of the legal discussion concerning solitary confinement has centered on whether or not it constitutes torture or cruel and unusual punishment. While international law has generally begun to discourage solitary confinement's use in penal institutions,^[80] opponents of solitary confinement have been less successful at challenging it within the United States legal system.

International law

Throughout the twentieth century, the United Nations' stance on solitary confinement has become increasingly oppositional. International law has reflected this change, and UN monitoring has led to a major reduction of solitary confinement.^[80]

In 1949, the Universal Declaration of Human Rights (UDHR) was adopted by the United Nations General Assembly. Although the Declaration is non-binding, the basic human rights outlined within it have served as the foundation of customary international law.^[80] The relevance of the Declaration to solitary confinement is found in Article 5, which states that “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment."^[81] Thus, if solitary confinement is believed to constitute torture or cruel, inhuman, or degrading treatment or punishment, then the country practicing solitary confinement is violating the provisions set by the UDHR.

The International Covenant on Civil and Political Rights (ICCPR), effective 1976, reiterates the fifth article of the UDHR; Article 7 of the ICCPR identically states, “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment."^[82] Because the ICCPR is a legally binding agreement, any nation that is signatory to the covenant would be violating international law if it practiced torture or cruel, inhuman, or degrading treatment or punishment.

At the time that the UDHR and ICCPR were adopted, solitary confinement was not yet believed to constitute torture or cruel, inhuman, or degrading treatment or punishment.^[80] Its practice, therefore, was not believed to violate international law. This changed, however, after the UN definition of torture was outlined in detail in the 1984 Convention Against Torture (CAT); Article 1.1 of the CAT states that torture is "any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person" for any reason such as obtaining information or punishment, and Article 16 of the same convention prohibits "other acts of cruel, inhuman or degrading treatment or punishment". Based on these provisions, many members of the UN began to believe that solitary confinement's detrimental psychological effects could, indeed, constitute cruel, inhuman, or degrading treatment or punishment, if not, torture.^[80] In the years following the CAT, UN representatives "have publicly decried the use of solitary confinement as a violation of the CAT and ICCPR," as well as the UDHR.^[80]

In more recent years, UN representatives have strengthened their efforts to stop solitary confinement from being used worldwide.^[80] The urgency with which representatives have undertaken these efforts is largely due to the UN Special Rapporteurs on Torture, Manfred Nowak and Juan Méndez.^[80] Nowak and Méndez have both "repeatedly unequivocally stated that prolonged solitary confinement is cruel, inhuman or degrading treatment, and may amount to torture".^[80] Nowak and Méndez have been especially critical of long-term or prolonged solitary confinement, which they define as lasting fifteen days or more.^[80] Their authority and explicit characterization of solitary confinement as cruel, inhuman, or degrading treatment has led the UN to include long-term to indefinite solitary confinement in the group of practices that violate the provisions outlined in the UDHR, ICCPR, and CAT. Solitary confinement lasting for a short period of time, however, is allowed under international law when used as a last resort, though Nowak, Mendez, and many other UN representatives believe that the practice should be abolished altogether.^[80]

United States law

In the U.S., opponents of solitary confinement have argued (with varying success) that the practice violates prisoners’ Constitutional rights. Despite the long history of litigation over the practice, the Supreme Court has yet to definitively state whether or not solitary confinement is unconstitutional. The Supreme Court considered the constitutionality of long-term solitary confinement only once in the ‘‘Wilkinson v. Austin'’ case. In contrast to the Supreme Court's inaction, lower courts of the U.S. have imposed constitutional limitations on the use of solitary confinement.^[47] Despite such limitations, the federal courts have refused to find that solitary confinement is per se unconstitutional.^[47] The U.S. has also effectively “insulated itself from any official sanction for international violations by not submitting to the jurisdiction” of committees that enforce the ICCPR or CAT.^[80]

Eighth Amendment

Since solitary confinement has been designated as “cruel, inhuman or degrading treatment or punishment” under international law, many lawyers have argued that it is also the kind of “cruel and unusual punishments” prohibited by the Eighth Amendment. Proving this to be the case, however, has been a difficult task for attorneys at every level of the court system.

In light of the serious, long-lasting psychological effects solitary confinement can have, inmates have argued that the mental injuries they suffer qualify as “cruel and unusual punishment.” Prison officials contend that placing inmates in prolonged solitary confinement is necessary for various reasons. Some of these reasons include separating violent prisoners from the general population, separating vulnerable inmates (such as juveniles) from others, and punishing those prisoners who attempt to cause riots or try to escape.^[182] Prisoners argue, however, that the nature of these kinds of offenses does not justify the use of solitary confinement; in their eyes “there is simply no strong security need for the total social isolation that exists at some supermax prisons”.^[182]

A large portion of the court cases addressing solitary confinement have approached the practice as a violation of Eighth Amendment rights. Courts have generally agreed that solitary confinement is, indeed, a violation of the Eighth Amendment for inmates with preexisting mental illness or juveniles.^[182] However, the Supreme Court concluded that “while there was a risk of serious psychological injury to inmates, that risk was not of ‘sufficiently serious magnitude’ to find a ‘per se’ violation of the Eighth Amendment for ‘‘all’’ prisoners placed in long-term solitary confinement”.^[182]

Showing that solitary confinement constitutes cruel and unusual punishment has proven difficult for inmates and their attorneys. The Supreme Court requires ‘extreme deprivations’ in order to have merits for a ‘conditions-of-confinement claim’ and courts have also held that inmates are only protected against “certain kinds of extreme deprivations” by the Eighth Amendment.^[186] In ‘‘Farmer v. Brennan’’, the Supreme Court set two requirements that must be fulfilled in order to challenge solitary confinement as “cruel and unusual”.^[186] First, prisoners must show that a “substantial risk of serious harm to inmates” and second, that the prison officials were “deliberately indifferent” to such risk.^[186] To prove a prison official's “deliberate indifference,” the prisoner must “show evidence that the official was ‘actually’ aware of a prisoner's serious need and chose to ignore it”.^[47] Since the psychological impact of solitary confinement is not believed to be “objectively” cruel and unusual within the U.S. legal system, and because it is difficult to establish that prison officials are “indifferent” to prisoner health and safety, inmates and attorneys alleging these two requirements have faced limited success.

The Prison Litigation Reform Act (PLRA) further complicates inmates’ ability to claim that solitary confinement's psychological damage constitutes cruel and unusual punishment. Section 1997e(e) of the PLRA states that {{quote|no Federal civil action may be brought by a prisoner confined in a jail, prison, or other correctional facility, for mental or emotional injury suffered while in custody without a prior showing of physical injury.^[83]}} This demonstrates that the Eighth Amendment provides “greater protection” against physical injury than against mental pain.^[83] Therefore, unless a prisoner can demonstrate physical injury as a result of solitary confinement, he or she is unable to recover damages for any “mental or emotional injury” the confinement causes. As a result, the Eighth Amendment has not always been proven to be the most effective approach to argue against the practice of solitary confinement.

Due process and the Fourteenth Amendment

Litigating against solitary confinement on the basis of the Fourteenth Amendment and due process is another less common strategy inmates have used. The Fourteenth Amendment limits the “types of prisoners” that can be placed in solitary confinement and the time the prisoners can be confined.^[47] The due process clause within the Fourteenth Amendment also regulates solitary confinement in that prisoners must be given reviews before and during their placement in solitary confinement.^[47] Court cases made on these bases do not necessarily address any “underlying problems” of solitary confinement, but they do call for increased monitoring, hearing, and reviews.^[47]

Inmates who are placed in solitary confinement “must be accorded meaningful periodic review to ensure that segregation [solitary confinement] is not a ‘pretext for indefinite confinement’”.^[84] As Jules Lobel, professor at the University of Pittsburgh School of Law, explains, {{quote|When a prisoner is placed in a supermax, the due process requirement of meaningful periodic review requires that his or her behavior be re-evaluated at regular intervals to determine whether supermax confinement is still warranted.}} Lobel contends that the trend in U.S. supermax prisons is to not submit these reviews at all or to provide a review with a predetermined outcome to keep the prisoner in solitary confinement.^[84] If this is indeed the case, then such inmates’ due process rights are violated.

In Wilkinson v. Austin, the Supreme Court held that, in addition to the due process right to meaningful review, prisoners also have a due process right to “a statement of the reasons why they were placed or retained at the supermax” so they can better understand how to behave in the future in order to be released from solitary confinement.^[84] Lobel argues that this “implies that the officials must provide something more than a general statement that the prisoner is very dangerous”.^[84] According to Lobel this is not what usually happens at supermax facilities, so the inmates’ due process rights are violated in this way as well.^[84]

In recent circuit court cases, courts have ruled that solitary confinement of 305 days or more constitutes an “atypical and significant hardship” that implicates due process.^[47]

Alternative litigation techniques

Recognizing that the amount of proof needed to show that solitary confinement violates prisoners’ rights “is simply too high to trigger constitutional protections,” attorneys have started to approach solitary confinement from a different angle. John F. Cockrell, a recent graduate from the University of Alabama School of Law, suggests that those who challenge solitary confinement do so in context of the Americans with Disabilities Act of 1990 (ADA).^[83] Cockrell reasons that {{quote|When claims under the Eighth and Fourteenth Amendments fail, Title II [of the ADA] may offer an avenue to improve the provision of services to the mentally ill in prisons and solitary confinement, but ipso facto improving the conditions under which all inmates in solitary confinement live.}}

In the past few years, several internal committees and administrative bodies involved in the United States prison and legal systems have also begun to question solitary confinement's legality. In June 2012, for example, the US Senate Judiciary Committee held its first hearing on solitary confinement.^[80] Likewise, as of 2013, the US Bureau of Prisons has announced that it will conduct its first review of how solitary confinement is used in federal prisons.^[80] Additionally, the US Department of Justice found multiple violations of the Constitution and ADA after investigating the use of solitary confinement for mentally ill inmates in two Pennsylvania prisons.^[80] The US Immigration and Customs Enforcement Agency (ICE) has also revised segregation procedures for detainees.^[80]

Mentally ill inmates and juveniles

Studies have illustrated that mentally ill inmates and juveniles are two groups more severely affected by solitary confinement than other prisoners. As such, the solitary confinement of mentally ill inmates and juveniles has been upheld as cruel and unusual in both international and US courts.

The UN has “expressly prohibit[ed] solitary confinement of juveniles and individuals with mental illness”.^[80] The Convention on the Rights of Persons with Disabilities and Convention on the Rights of the Child have played major roles in establishing the UN's position on solitary confinement of mentally ill inmates and juveniles respectively.

Within the US legal system, too, courts have held that the solitary confinement of the mentally ill is “cruel and unusual”.^[80] In fact, David Fathi, Director of the ACLU's National Prison Project, found that “every federal court that has considered claims by severely mentally ill prisoners held in solitary confinement has found this treatment unconstitutional”.^[47] These court rulings are significant in light of the fact that more than half of the prisoners currently serving jail time in the US are mentally ill according to the US Bureau of Prisons.^[80] Furthermore, approximately 30% or more of prisoners in solitary confinement are mentally ill.^[80] These rulings have the potential to dramatically change how prisons deal with mentally ill inmates, as prison officials would no longer be able to “warehouse” “difficult” prisoners if they have a preexisting mental illness.^[80] It should be noted, however, that these rulings do not guarantee that the mentally ill will not be put in solitary confinement; while they are considered a vulnerable group, these prisoners still have “limited” recourse to the Eighth Amendment.^[83]

One landmark case, Madrid v. Gomez, challenged the conditions of the Security Housing Unit (SHU) in the Pelican Bay State Prison. The court ruled that the current conditions were not “per se violative of the Eighth Amendment” with respect to all inmates.^[83] However, in regard to SHU's isolation of the mentally ill and the conditions of their solitary confinement, the court found that the prison had violated the Eighth Amendment. Despite it being a landmark case, the rulings of the case have yet to set a trend among cases against other prison systems because SHU's conditions were known to be more extreme and harsh than other supermax prisons.

Juveniles who are charged as adults and placed in adult prisons are usually put in protective custody, and often the conditions of protective custody are similar to those of solitary confinement.^[47] Juvenile justice experts, social scientists, and national correctional standards all agree that solitary confinement is an “ineffective therapeutic tool” that is detrimental to juveniles who are still in an “uncertain, unformed state of social identity”.^[47] Given that they are developing mentally and physically, some experts have suggested that “they are severely and permanently damaged by such conditions to a greater extent than adults”.^[80]

Actions

The use of long-term solitary confinement, along with other grievances, has triggered organized resistance from prisoners and advocacy groups in the United States. Prisoners in California and elsewhere have launched hunger strikes, citing cruel and unusual uses of solitary confinement as a major reason. Hundreds of prisoners in the United States, acting through the Center for Human Rights and Constitutional Law, have in 2012 filed a petition against solitary confinement at the United Nations. The petition alleges that solitary confinement constitutes torture and should be addressed by the international community.^[85]

The 2013 California prisoner hunger strike saw approximately 29,000 prisoners protesting conditions.^[86] This statewide hunger strike reaching 2/3 of California's prisons began with the organizing of inmates at Pelican Bay State Prison. On 11 July 2011, prisoners at Pelican Bay State Prison began a hunger strike to “protest torturous conditions in the Security Housing Unit (SHU) there”...and to advocate for procedural and policy changes like the termination of the “debriefing process” which forces prisoners “to name themselves or others as gang members as a condition of access to food or release from isolation”.^[87] Nearly 7,000 inmates throughout the California prison system stood in solidarity with these Pelican State Bay prisoners in 2011 by also refusing their food.^[87] Also in solidarity with the 2011 Pelican Bay prisoners on strike is the Bay Area coalition of grassroots organizations known as the Prisoner Hunger Strike Solidarity coalition. This coalition has aided the prisoners in their strike by providing a legal support force for their negotiations with the California Department of Corrections and Rehabilitation (CDCR) and by creating and running a media based platform to raise support and awareness for the strikers and their demands among the general public.^[87]

The CDCR's failure to meet the demands of the Pelican State Bay Prison hunger strikers in 2011 resulted in the aforementioned 2013 California prisoner hunger strike. Similar to the Pelican Bay State Prison hunger strike is the organizing of January 2011 in the supermax Ohio State Penitentiary, where prisoners Bomani Shakur, Siddique Abdullah Hasan, Jason Robb, and Namir Abdul Mateen began a hunger strike “to protest what they call their harsh mistreatment under solitary confinement”.^[88] These prisoners decided to start rejecting their meals until they could be relocated from solitary confinement to death row where their treatment as prisoners would improve. Another example took place in Fall of 2010, when prisoners throughout Georgia's prison system organized a strike in opposition to violations of the US Constitution 8th amendment protection against cruel and unusual punishment for minute infractions of rules.^[89] Inmates throughout the state, in facilities like Rogers State Prison and Hays State Prison engaged in a “self-imposed lockdown” to incite action from the Georgia Department of Corrections in meeting their demands.^[89] Similar to other prison strikes demanding systemic change in the policing and policies of prisons like the Pelican State Bay hunger strike, this self-imposed lockdown strike has reached “across multiple facilities and across racial and factional lines”.^[89]

Solitary confinement has served as a site of inspiration for protest-organizing against its use in and outside of prisons and conversely, as a response tactic for prisons to react to the protest-organizing of its prisoners. In March 2014, authorities at the Northwest Detention Center in Washington relegated multiple detainees to solitary confinement units after their participation in protests for the improvement of conditions within the facility and in solidarity with activist organizing against deportation escalations outside of the facility.^[90]

Organizing against the use of solitary confinement isn't limited to the work of prisoners subject to or at risk for this treatment. Community organizing outside of prisons has also occurred to shed light on the use of solitary confinement in prisons and work towards its abolition or highly refined use. Free and accessible journals like “Turning the Tide: Journal of Anti-Racist Action, Research, & Education” and web-based projects like Solitary Watch and the Prisoner Hunger Strike Solidarity Coalition website also work to disseminate information about the use of solitary confinement in prisons and support actions to bring about the end of this practice in prisons.

Dr. Eisenman, an Art History professor and activist, who is involved in many “stop max” movements centered in Illinois, studies solitary confinement and explains its eventual decline.^[91] Since the 1800s solitary confinement was practiced in the penitentiary systems and its implementation and popularity at various prisons grew throughout the centuries.^[91] The practice of solitary confinement grew partly because of stigmatizing language used to refer to certain prisoners like ‘the worst of the worst,’ which became a form of “self-justifying the logic of torture”.^[91] Yet, as the use of solitary confinement progressed, public discourse around solitary confinement transitioned from a legitimate form of punishment to torture.^[91] Because many prisoners in solitary confinement suffered severe mental and physical illnesses, Eisenman describes that by the end of the nineteenth century “prisoner isolation and sensory deprivation were widely understood to be forms of torture”.^[91] Therefore, human rights groups condemned the use of solitary confinement or ‘supermax’ systems, and national and local ‘stop max’ movements have initiated in America and worldwide to stop the use of solitary confinement.^[91]

Alternatives and reform

Possible alternatives

Scrutiny of super-maximum security prisons and the institutionalization of solitary confinement is accompanied by suggestions for alternative methods. One alternative is to administer medical treatment for disorderly inmates who display signs of mental illness.^[92] The Correction Department of New York City implemented plans to transfer mentally ill inmates to an internal facility for further help rather than solitary confinement in 2013.^[92] Dora B. Schriro, correction commissioner, said that treatment would help turn a “one size fits all” policy into a program to promote success in jail and the outside world.^[92] A second alternative is to deal with long-term inmates by promoting familial and social relationships through the encouragement of visitations which may help boost morale.^[45] Carl Kummerlowe believes that familial counseling and support may be useful for inmates nearing the end of a long-term sentence that may otherwise exhibit signs of aggression.^[45] This alternative would help inmates cope with extreme long term sentences in prisons such as those harbored in Pelican Bay.^[45] A third alternative would involve regular reevaluation and accelerated transition of isolated inmates back to prison population to help curb long-term effects of solitary confinement.^[45] These alternative methods suggest a more restorative justice approach to handling high-security offenders.

Recent reform

Many states such as Colorado, Mississippi, and Maine have implemented plans to reduce use of supermax prisons and solitary confinement and have begun to show signs of reform.^[92] Joseph Ponte, Corrections Commissioner of Maine, cut supermax prison population by half.^[92] Colorado has announced reforms to limit the use of solitary confinement in prisons following a study that showed significant levels of confinement and isolation in prisons.^[92] Washington has also showed signs of decreased use of solitary confinement, low segregation of overall prison population, and emphasis on alternative methods.^[92]

Counter-arguments

There have been studies that have shown no difference between inmates in solitary confinement and those in normal lockup. For example, "Effect of Solitary Confinement on Prisoners" examines a study that compared twenty prison inmates that were put into isolation to twenty inmates from general population that were used as the controls. The subjects were tested immediately before and after being put into isolation and the results showed that although there was a slight difference in subjective feelings, there were no mental or psychomotor changes.^[93] "Effect of Solitary Confinement on Prisoners" argues that the negative effects of solitary have often been overemphasized and that the reason these negative findings are often reported is due to the characteristic difference between those who end up in solitary confinement and those who do not.^[93]

"Reactions and Attributes of Prisoners in Solitary Confinement," analyzes multiple studies conducted at different prisons throughout the United States. There was no difference found in the stress levels between the inmates inside of solitary confinement and those in general lockup according to this study.^[94] Interviews were conducted that showed that inmates had a fear of the mental effects that solitary confinement would have, but that mental harm rarely occurred.^[94] There was also no significant difference between the results of the CPI Scale between the control and the experimental group according to "Reactions and Attributes of Prisoners in Solitary Confinement."^[94] This article proposes the idea that some inmates have inherent characteristics that allow them to better adapt to solitary confinement while others do not, similar to the ability to adapt to any new environment.^[94] Furthermore, it showed that the majority of inmates adapted to solitary confinement within a few days finding ways to pass time such as sleeping, thinking about the future, and exercising.^[94] This article argues that this study gives a better representation of the effects of solitary confinement as it claims the participants are average inmates in traditional solitary confinement conditions, rather than controlled experimental conditions. The conclusions drawn from this study include the argument of consistency; that in order to prove that solitary confinement is harmful to inmates, there needs to be some sort of consistent negative result and their findings do not match this.^[94]

It should be emphasized that these studies were conducted in 1963 and 1982, respectively.

Proponents

Proponents{{who|date=October 2016}} of solitary confinement propound that solitary confinement can improve the safety of inmates and prison staff. Earlier justifications for solitary confinement in the mid 20th century included protection for a prisoner whose sexual orientation, religion, or race were far too different and seen as vulnerable to attack from fellow inmates.{{cn |date= October 2018}}

Solitary Confinement of Women

While studies have shown the effects of solitary confinement to be detrimental to all inmates, solitary confinement of women has particular consequences for women that may differ from the way it affects men. Solitary confinement rates for women in the United States are roughly comparable to those for men^[95]^[253] and about 20% of prisoners will be in solitary confinement at some point during their prison career.

Incidence

According to the Bureau of Justice Statistics’ report from 2011-2012, about 20% of female prison inmates and 17% of female jail inmates spent some time in solitary confinement during that year, numbers which are comparable to rates for men.^[253]

Solitary confinement is allegedly used to prevent violence within the prison population, and is becoming more common with the prison industrial complex and the rise in incarceration rates.^[255] In most prisons, inmates that are put into solitary confinement fall into one of three categories: disciplinary segregation, voluntary administrative segregation, and involuntary administrative segregation.^[96] Disciplinary segregation is used as a punishment, while administrative segregation is a preventative measure intended to protect either the inmate being isolated or the other inmates.^[96] While segregation as a disciplinary measure or a precaution that protects other inmates is allegedly reserved for offenders who have committed violent acts while in prison, women in particular are often put into solitary for much smaller offenses, such as throwing things or talking back to guards.^[97] It is also often used against women who complain of sexual assault from prison guards or other inmates.^[98] Once they are in solitary confinement, women are often monitored more closely and disciplined more harshly than men are.^[97]

Disciplinary segregation

An offender who has committed a “serious disciplinary offense” may be put in solitary confinement as a punitive measure.^[96] Inmates put into disciplinary segregation are not required to be given the same privileges as those put into administrative segregation,^[96] but the duration of their stay in isolation tends to be shorter.^[99] According to a magazine written by inmates in a California prison, the practice operates under a “guilty until proven innocent” protocol, holding prisoners in solitary confinement even before it is clear that they committed the infraction.^[100]

Inmates who are considered to be politically threatening are sometimes put into isolation; although the United States does not officially hold political prisoners, some inmates in solitary confinement are there because of their political activism. This justification often means that minorities are more likely to end up in solitary confinement.^[265]

Administrative segregation

Administrative segregation, or “ad seg," is typically more common than disciplinary segregation, and serves to protect either the inmate being placed in solitary or others in the prison.^[96] An offender may be put into administrative segregation if they are thought to be dangerous to others or if their own safety is in danger, or if “the inmate has the potential to interfere with an ongoing investigation."^[96] Often women who vocalize the fact that they feel threatened by someone else will be put into solitary confinement, and similarly, if they are accused of acting threatening in any way, they are put into solitary without being able to defend themselves.^[101] Women who are put into administrative segregation tend to be those women who have had trouble adjusting to prison life and who are seen as “high-risk” and “high-needs” when they enter the prison.^[99] Because this type of segregation is not intended as punishment, inmates in administrative segregation are legally required to be treated in the same way as those in general confinement in the prison.^[96]

Voluntary

Women prisoners sometimes request to be put into solitary confinement, most often for their own protection.^[99] Specifically, some women are thought to request solitary confinement to avoid “further assaults on their identity” that might arise from their interactions and experiences in prison.^[102] Studies have found that women who have been in voluntary administrative segregation tend to have high personal or emotional needs, and some have struggled with substance abuse, although few have difficulty with “community functioning.”^[99]

Involuntary

Women prisoners who are deemed to be dangerous to other prisoners are sometimes put into administrative segregation; a prisoner can also be put in segregation if the officers determine that she herself is in danger and needs this protection.^[99] Like women who are voluntarily put into segregation, these women tend to have high personal and emotional needs, but many of them also have difficulties functioning in the community or associating with other people.^[99]

Women put in segregation

In general, women tend to be subjected to harsher disciplinary practices in prisons than men.^[103] In the case of solitary confinement, women are often put into segregation for committing small errors while in prison, for example spitting at a guard, while men must commit more violent infractions, such as attacking a guard, for segregation to become necessary.^[103] This could arise from the fact that women in prison are held to especially high standards of femininity, and prisons encourage them to conform to very traditional ideas of being a woman.^[103] This model of femininity requires women to be “pure, passive, heterosexual, and located in motherhood."^[103] When women do not comply with this standard while imprisoned, they are punished further. In fact, some prisons specifically isolate women who seem “butch” or not traditionally feminine.^[104]

Another catalyst for being put into solitary confinement that applies overwhelmingly to women is that prisoners who complain of abusive treatment by guards are often segregated as retaliation. In particular, women who speak out after guards have sexually harassed them are often put into segregation.^[98] Not only does this mean that guards who are guilty of sexually harassing inmates go unpunished, it also decreases the likelihood that women will report harassment.^[98]

In some prisons, women may be put into solitary confinement because their mental health issues prove to be too difficult for the authorities to deal with or are exhausting their resources.^[102] If the prison authorities are unable to address their inmates’ health concerns, they may put them into solitary confinement to avoid solving the problem. This means that the women in solitary confinement are often already at risk for mental health or other challenges, due to previous health concerns or sexual abuse.^[98]

Consequences for women

Solitary confinement has been shown to be detrimental to the mental and physical well-being of all inmates, but there are some ways in which being put into segregation can be more harmful for women than for men. This is often due to patriarchal structures that exist outside of the prison environment as well.^[103] They “experience segregation as women”; they are both subjected to slightly different treatment than men are and their perception of this treatment may differ as well.^[97]

Psychological effects

Being put into solitary confinement can be very damaging to the mental health of female inmates, particularly those with a history of mental or physical illness, as has been found in a number of studies that observed and interviewed women who were being held in solitary confinement.^[287] Being held in a small space without access to objects, recreation, or human contact can lead to claustrophobia, anger, depression, hallucinations,^[105] insomnia, and obsessive ideation or fixation on dying.^[106] On a psychosomatic level, inmates in solitary confinement often experience a loss of appetite and/or weight, dizziness, or heart palpitations.^[105] Prison staff often do not respond adequately to complaints of any of these symptoms, and sometimes refuse to offer medical care or medication.^[105]

Some of the anxiety that inmates, particularly female inmates, experience in solitary confinement comes from a loss or confusion of identity. Prisoners in solitary confinement are not allowed to decorate the small rooms that they are in or to bring most of their possessions that they were allowed in general confinement.^[105] This prevents the women from having any sort of entertainment, but also exacerbates feelings of a loss of individuality and of personal identity.^[105]

Studies of the conditions of segregation, and interviews with the women who are subjected to them, have shown that women may also experience a collapse or confusion of identity while in prison because of their removal from their community and because of the unusual experience of space and time while in solitary confinement.^[102] Prisoners attach a lot of importance to the items that they have in their rooms; when they are placed into solitary confinement and no longer allowed to keep these identifying objects with them, they begin to lose their sense of self.^[102] Further, because prisoners kept in segregation often interact little with the outside world, and because the routines of eating and cleaning may be different from in general confinement, the women lose their ability to mark time.^[102] The Fire Inside magazine, written by offenders in California women's prisons, quotes one prisoner as saying that her recommendation for those held in solitary confinement is “to create a schedule” and figure out the time of day, because it “helps to assert control over your own life and not be totally defined by whatever ‘routine’ the prison is forcing on you.”^[107]

Another aspect of their identity that is destroyed is their ability to form relationships with others. In most societies, women are perceived as being particularly social; having relationships with other people is seen as an essential element of their role as women in particular. This is of course impossible when in solitary confinement. It has been argued that this has a harmful effect on women especially. These conclusions were drawn from interviews with women who were still in solitary confinement, women who had been in solitary but had since been transferred back to the general prison population, and women who had been in solitary but had been released from incarceration, suggesting that these effects carry over beyond their time in segregation.^[97]

Some prisons do allow inmates in solitary confinement to use recreation rooms and exercise yards, but these are often monitored by cameras, creating a sense of powerlessness and humiliating and deterring the women from using these facilities.^[105] Feelings of powerlessness or hopeless are exacerbated by the fact that women are often unsure of how long they will be held in solitary confinement.^[105]

All of these factors combined can have different effects on women, making them either increasingly anxious or increasingly indifferent.^[102] While some women feel desperate and angry, others attempt to feel as little as possible in order to mitigate the effects of segregation.^[105] Because of the detrimental effect on their mental stability, inmates in solitary confinement often resort to self-harm; this behavior is more common in women than in men.^[97] This can sometimes lead to women being held in solitary confinement for longer, as punishment for their destructive actions.^[97] Similarly, it reinforces the guards’ perceptions of these women as particularly violent or dangerous to the rest of the prison community.^[103]

Sexual abuse

Women in solitary confinement are often watched over by male guards, which can result in sexual harassment ranging from discomfort caused by guards watching them during private moments to nonconsensual sexual contact.^[98] Male guards often are present while women shower or undress, stripping away the women's right to the privacy of their own bodies.^[98] Because women in solitary confinement experience so little human contact, the gaze of their guards is often the only interaction that they have with another person; this can exacerbate the feelings of loss of privacy.^[98]

Similarly, the clothing the women are required to wear is sexualized and humiliating.^[97]{{Failed verification|date=September 2018}} In some prisons, women in segregation wear a “baby doll,” a long shapeless dress, with no underclothes.^[97]{{Failed verification |date=September 2018}} Although men sometimes are required to wear the “baby doll” as well, women find that wearing it while being watched by their male guards is degrading and makes them feel powerless.^[97]{{Failed verification|date=September 2018}}

Beyond this, women in segregation are sometimes subjected to sexual abuse or physical harassment by their male guards.^[98] They are often forced to undergo thorough strip searches, during which the guards are more forceful and invasive than is strictly necessary^[105] and serves mostly to demonstrate the guards’ authority over the inmates.^[106] Because so many female inmates have been victims of sexual or physical abuse, this forces them to relive the trauma of their previous abuse.^[98] This can be especially devastating for women whose mental states are already deteriorating, due to prior mental illness or to the effects of being in segregation.^[98] It can also result in pregnancy, and pregnant women in solitary confinement—whether the pregnancy was a result of a rape by a guard or not—are often denied proper medical care.^[98]

Women have also reported stories of being publicly humiliated when asking for additional sanitary pads during their menstrual periods,^[97] or being forced to hand in their used pads in order to acquire a new one, according to the women who contributed to The Fire Inside magazine.^[107] They are entirely dependent on male guards, even for such personal needs as this.^[105]

Separation from children

Women are more likely than men to be the primary guardian of a child or children; having a mother who is in solitary confinement, then, can be very detrimental to the children.^[98] Inmates in solitary confinement have much less frequent contact with family members, and when they do, they are usually separated by a partition.^[98] Although inmates are allowed some visits from immediate family members, a long background check is required.^[265] Children with mothers in prison are at a greater risk for depression or anxiety, substance abuse, or involvement in crime.^[98] These factors are only furthered by the more distanced relationship that becomes necessary with a mother in solitary confinement and the restrictions on visitation that accompany that.

Reentry

Women who are released from solitary confinement into the general prison population are more likely than men to experience stigmatization and humiliation from the prison guards.^[97] This often leads to them isolating themselves and not interacting with other prisoners even when they are not in solitary confinement.^[97]

Once they are released from prison, too, they often have a harder time adjusting to being a part of society again, and frequently end up back in prison.^[99] Ex-offenders who were held in solitary confinement are more likely to commit violent acts against others once released than those who spent all their time in the general prison population.^[265] As one California prisoner who wrote for The Fire Inside prison magazine put it, “We go through these kind of mental, emotional, and spiritual stages. At first when you get here you’re angry and disoriented…Paranoia sets in…I slowly began to think of this cell as my safe place…What happens next year when they take the box away?” She, and other women in solitary confinement, become unequipped to deal with the outside world and the knowledge of technological advancement, social interaction skills, and mental stability that it requires.^[108]

Women of color in solitary confinement

In general, women of color, like men of color, are more likely to be put in prison than white women and men.^[103] Likewise, they are thought to be somewhat disproportionately represented in the solitary confinement population.^[109] The Bureau of Justice Statistics reports that in 2011-2012, 16% of white prison inmates, 20% of black/African American prison inmates, 16% of Hispanic or Latino prison inmates, and 20% of prison with some other racial identification were in solitary confinement at some point. The difference was slightly less pronounced in jails, with 17% of white, 17% of black/African American, 15% of Hispanic/Latino, and 21% of other inmates spending time in solitary confinement. There is no data available that specifically documents the intersection between race and gender.^[110]

Although the number of people of color in isolation is only slightly higher than the number of white people, their experiences in solitary confinement may differ. Women in solitary confinement are treated as less than human, in ways which parallel not only the larger societal degradation of women but also that of people of color. The sexually abusive nature of their interactions with the guards, and the denial of medical care, social contact, and resources, can be seen as racialized. In particular, guards often refer to women in solitary confinement using slurs that are both misogynist and racist.^[103]

Women who are put into solitary confinement are often isolated because of actions that challenge dominant perspectives of femininity. Because women of color are often seen as possessing these non-feminine qualities already, they are more susceptible to being put into solitary confinement because of this kind of behavior. Black women are often perceived as “aggressive and recalcitrant,” Latina women are thought to be “loud and belligerent, sexually aggressive, or…unable to speak English,” and Native American women are seen as “backward, savage, and/or primitive.” Because of these preconceptions, women of color are thought to deviate strongly from the feminine ideal, which can be grounds for putting them in solitary confinement.^[103]

Representations of crime in popular media serve to perpetuate racial stereotypes as well. Offenders of color, including women, are often portrayed as violent, hypersexual, or drug-addicted. While this is true of women of color in the general prison population as well as those held in solitary confinement, there is a particularly strong culture of fear that is built up around segregation units and the prisoners who are held there.^[103] Inmates who appear to belong to particular minority groups are often profiled by prison guards as more likely to be dangerous, violent, or involved in a gang, and therefore are moved into isolation; for example, prisoners who speak a language other than English are sometimes targeted as foreign and therefore gang-involved or dangerous.^[111]

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85. ^{{cite news |last=White |first=Jeremy |url=http://www.ibtimes.com/california-prisons-solitary-confinement-challenged-un-petition-429116 |title=California Prisons' Solitary Confinement Challenged In UN Petition |work=International Business Times |date=23 March 2012 |access-date=12 June 2016}}
86. ^{{Cite news |url=http://www.huffingtonpost.com/2013/07/09/california-prison-hunger-strike-30000_n_3567639.html |first=Kathleen |last=Miles |title=California Prison Hunger Strike: 30,000 Inmates Refuse Meals |work=The Huffington Post |date=9 July 2013 |language=en |access-date=3 April 2014}}
87. ^¹²{{cite journal |last=Cohn |first=Marjorie |title=Prisoners Strike Against Torture in California Prisons |date=July 2011 |journal=National Lawyers Guild Review |volume=68 |issue=1 |pages=61–62 |url=http://marjoriecohn.com/prisoners-strike-against-torture-in-california-prisons |access-date=20 March 2014}}
88. ^{{cite news |last1=Goodman|first1=Amy |last2=Lynd|first2=Staughton |title=Prisoners at Supermax Ohio Penitentiary Begin Hunger Strike to Protest 17+ Year Solitary Confinement |work=Democracy Now! |date=4 January 2011 |url=http://www.democracynow.org/2011/1/4/prisoners_at_supermax_ohio_penitentiary_begin_hunger_strike_to_protest_17_year_solitary_confinement |access-date=12 June 2016}} (Video interview w. transcript).
89. ^¹²{{cite news |last1=Casella|first1=Jean |last2=Ridgeway|first2=James |title=Georgia Prisoners' Strike: "We Locked Ourselves Down" |work=Solitary Watch |date=13 December 2010 |url=http://solitarywatch.com/2010/12/13/georgia-prisoners-strike-we-locked-ourselves-down/ |access-date=12 June 2016}}
90. ^{{cite news |last1=Honig|first1=Doug |last2=Lee|first2=Melissa |title=Hunger Strikers Released from Solitary Confinement at New Detention Center |date=4 April 2014 |publisher=American Civil Liberties Union of Washington State |url=https://aclu-wa.org/news/hunger-strikers-released-solitary-confinement-nw-detention-center |access-date=12 June 2016}}
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Historical controversy

Use

Effects and access to care

Legality

Human rights

Effects

United States{{anchor|Solitary_confinement_in_the_United_States}}

History in the United States

Juveniles

Troubled Teen Industry

Psychiatric hospitals

Federal prisons

State prisons and municipal jails

California

Maryland

New York

New York City: Rikers Island

Europe

United Kingdom

Secure housing units

Psychological effects

Scrutiny

Recidivism

Effects

Psychiatric

Environment is a factor

Social

Criticism

Ineffectiveness

Torture

Misuse

Access to healthcare

Ethics

Legality

International law

United States law

Eighth Amendment

Due process and the Fourteenth Amendment

Alternative litigation techniques

Mentally ill inmates and juveniles

Actions

Alternatives and reform

Possible alternatives

Recent reform

Counter-arguments

Proponents

Solitary Confinement of Women

Incidence

Disciplinary segregation

Administrative segregation

Voluntary

Involuntary

Women put in segregation

Consequences for women

Psychological effects

Sexual abuse

Separation from children

Reentry

Women of color in solitary confinement

References

See also

External links