Solitary confinement is a contentious and deeply concerning practice that has been employed within the criminal justice system for decades. Often presented as a means to ensure control and security in prisons, it has increasingly come under scrutiny in recent years due to its pervasive and overused nature, as well as its potential violation of human rights and the U.S. Constitution’s prohibition against cruel and unusual punishment.
The Shocking Reality of Solitary Confinement
One of the most alarming aspects of solitary confinement is its widespread use within the U.S. prison system. Shockingly, over 122,000 people are held in solitary confinement in the United States on any given day, according to a recent report. What’s even more disconcerting is that approximately 85% of these individuals are placed in solitary for minor infractions, debunking the misconception that it is primarily used for “the worst of the worst”.
Overuse and Its Harrowing Consequences
The overuse of solitary confinement has grave consequences for both the individuals subjected to it and society as a whole. Research has consistently demonstrated that prolonged isolation can lead to severe psychological distress, including depression, anxiety, hallucinations, and an increased risk of suicide. People in solitary are often denied meaningful human contact, access to educational or rehabilitative programs, and exposure to natural light. This isolation can exacerbate mental health issues and contribute to a cycle of deterioration, ultimately increasing the likelihood of reoffending upon release.
A Clear Violation of Human Rights
Solitary confinement has faced condemnation from various human rights organizations, including the United Nations. In 2015, the UN Special Rapporteur on Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, Juan E. Méndez, called for a global ban on the use of solitary confinement beyond 15 days, asserting that anything beyond this threshold amounts to torture. The inhumane conditions and severe psychological effects endured by individuals in solitary confinement undeniably violate international human rights standards.
The Constitutional Perspective: A Violation of the Eighth Amendment
From a constitutional standpoint, the use of solitary confinement raises significant and compelling concerns. The Eighth Amendment to the United States Constitution explicitly prohibits “cruel and unusual punishments.” While the Supreme Court has not issued a definitive ruling on the constitutionality of solitary confinement, numerous legal scholars and advocates argue that subjecting individuals to prolonged isolation and sensory deprivation constitutes cruel and unusual punishment.
The Eighth Amendment serves as a cornerstone of constitutional protections against the excessive use of state power and the mistreatment of individuals in custody. It reflects the nation’s commitment to ensuring that punishment does not cross the line into cruelty. The use of solitary confinement, especially when applied to individuals for minor infractions, calls into question whether it aligns with the principles underlying the Eighth Amendment.
Moreover, it’s crucial to emphasize that all available research suggests that the practice of solitary confinement makes correctional institutions less safe. This counterintuitive outcome occurs because individuals subjected to extreme isolation are more likely to experience severe psychological distress, which can lead to violent outbursts and self-harm. As a result, not only does solitary confinement violate the constitutional prohibition against cruel and unusual punishment, but it also undermines the safety and security of the very institutions it is supposed to protect.
The Way Forward
Acknowledging the troubling facts about solitary confinement, there is a growing movement to reform the practice. Some states have taken steps to limit the use of solitary confinement, while others have implemented alternatives that prioritize rehabilitation and mental health treatment for incarcerated individuals.
Conclusion
The pervasive overuse of solitary confinement, particularly for minor infractions, calls for a thorough reevaluation of its place in the criminal justice system. While legitimate security concerns exist in prisons, there is a mounting recognition that more humane and effective alternatives are available. Reforms that curtail the excessive use of solitary confinement and emphasize rehabilitation can better serve both people subjected to it and society at large, upholding the principles of justice and human dignity. It is imperative to confront the stark reality that a significant number of individuals in solitary confinement are subjected to inhumane conditions, undermining the core values upon which the United States was founded. The constitutional perspective strongly suggests that the use of prolonged solitary confinement may well constitute a violation of the Eighth Amendment’s prohibition against cruel and unusual punishment, all while making correctional institutions less safe.