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Solitary confinement

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Criminology
and penology

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 Solitary confinement

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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 who 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. It has
also been called prison "'segregation' and 'restrictive housing.'" [1]
Solitary confinement has received severe criticism for having detrimental psychological
effects[2] and, to some and in some cases, constituting torture.[3] 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." [4]
Contents

 1History
 2Use
o 2.1Effects and access to care
 3By country or region
o 3.1Australia
o 3.2United States
o 3.3Europe
o 3.4United Kingdom
o 3.5Venezuela
 4Effects
o 4.1Psychiatric
o 4.2Social
 5Criticism
o 5.1Ineffectiveness
o 5.2Torture
o 5.3Misuse
o 5.4Access to healthcare
o 5.5Ethics
o 5.6Counter-arguments
 6Legality
o 6.1International law
 7Opposition and protests
 8Alternatives and reform
o 8.1Possible alternatives
o 8.2Recent reform
 9Solitary confinement of women
 10See also
 11References
 12Bibliography
 13External links

History[edit]
The examples and perspective in this section may not represent
a worldwide view of the subject. You may improve this section, discuss
the issue on the talk page, or create a new section, as appropriate. (June
2020) (Learn how and when to remove this template message)

The practice of solitary confinement traces its origins back to the 19th century when
Quakers in Pennsylvania used this method as a substitution for public punishments.
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". [5] 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.[6]
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).[7][2] In it the court found that the use of solitary confinement produced reduced
mental and physical capabilities.[2] 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 and the Law, 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).[citation needed]

Use[edit]
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 child molester or a witness, is at a high
risk of being harmed by other 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 within the United States. [1]
Effects and access to care[edit]
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]: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]:22
The American Civil Liberties Union (ACLU) and Human Rights Watch created a report
that incorporated the testimony of some juvenile inmates. Many interviewees 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]: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]: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]

By country or region[edit]
Australia[edit]
Solitary confinement is colloquially referred to in Australian English as "the Slot" or "the
Pound".
United States[edit]
Main article: Solitary confinement in the United States
Europe[edit]
Solitary confinement as a disciplinary measure for prisoners in Europe was largely
reduced or eliminated during the twentieth century. [3]
The European Court of Human Rights has three labels for solitary
confinement: complete sensory isolation, total social isolation and relative social
isolation.[10]
European Committee for the Prevention of Torture and Inhuman or Degrading
Treatment or Punishment, or CPT, defines solitary confinement as "whenever a prisoner
is ordered to be held separately from other prisoners, for example, as a result of court
decision, as a disciplinary sanction imposed within the prison system, as a preventive
administrative measure or for the protection of the prisoner concerned". [10]
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 (only during daytime).
United Kingdom[edit]
In 2004, only 40 out of 75,000 inmates held in England and Wales were placed in
solitary confinement cells.[11]
In the UK, the state has a duty to "set the highest standards of care" when it limits the
liberties of children.[12] 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."[12] Additionally, because children are still mentally developing,
incarceration should not encourage them to commit more violent crimes. [12]
The penal system has been cited as failing to protect juveniles in custody. [12] In the UK,
29 children died in penal custody between 1990 and 2006. “Some 41% of the children in
custody were officially designated as being vulnerable.” [12] 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.[12] 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. [12] 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.[12]
Solitary confinement is colloquially referred to in British English as "the block", "The
Segregation Unit", or "the cooler".[13][14]
Venezuela[edit]
Main article: La Tumba (Caracas)
The headquarters for the Bolivarian Intelligence Service (SEBIN) in Plaza
Venezuela, Caracas, have an underground detention facility that has been dubbed La
Tumba (The Tomb). The facility is located where the underground parking for the Metro
Caracas were to be located. The cells are two by three meters that have a cement bed,
white walls, security cameras, no windows and barred doors, with each cell aligned next
to one another so there are no interactions between prisoners. [15] Such conditions have
caused prisoners to become very ill, though they are denied medical treatment. [16] Bright
lights in the cells are kept on so prisoners lose their sense of time, with the only sounds
heard being from the nearby Caracas Metro trains.[17][15][18] Those who visit the prisoners
are subjected to strip searches by multiple SEBIN personnel.[17]
Allegations of torture in La Tumba, specifically white torture, are also common, with
some prisoners attempting to commit suicide.[15][19][18] Such conditions according to NGO
Justice and Process are to force prisoners to plead guilty to crimes they are accused of.
[15]

Effects[edit]
Psychiatric[edit]
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."[20] Self-harm is greatly increased amongst inmates who are in solitary
confinement.
Self harm was seven times higher among the inmates where seven percent of the jail
population was confined in isolation. Fifty-three percent of all acts of self harm took
place in jail. "Self-harm" included, but was not limited to, cutting, banging heads, self-
amputations of fingers or testicles. These inmates were in bare cells, and were prone to
jumping off their beds head first into the floor or even biting through their veins in their
wrists.[1] 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.[20] 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 1,000 days at some time during their
incarceration as those never assigned to solitary." [20] 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."[20] 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." [20]
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.
[21]
 Professional organizations, like the National Commission on Correctional Health
Care (NCCHC), the American College of Correctional Physicians,[22] and American
Psychiatric Association (APA), work to improve the mental health services, however, the
systems within the prisons "remain woefully inadequate." [21] "Psychological effects can
include anxiety, depression, anger, cognitive disturbances, perceptual distortions,
obsessive thoughts, paranoia, and psychosis." [21] 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. [21]
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. [23] Solitary
confinement has been said to increase symptoms of those with mental health issues. [24]
"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."[25] 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."[25] It ultimately concluded that solitary confinement was
"associated with negative effects on mental health." [25] 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."[25]
Social[edit]
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.[26] 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. [28] 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. [28]

Criticism[edit]
Ineffectiveness[edit]
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."[29]
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. [30]
Torture[edit]
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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.[3][31][32][33] 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." [34]
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."[35] In fact, as of 2016, there have been thirty-five U.S. Supreme Court cases
petitioning solitary confinement.[36]
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.[37]
“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. [37]
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.
[38]
 The United Nations have also banned the use of solitary confinement for longer than
15 days.[39]
Misuse[edit]
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.[40] In the prison-
industrial complex itself, reports of solitary confinement as punishment in work labor
prisons have also summoned much criticism.[41] 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.[42] 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.[43]
Opponents of solitary confinement hold that it is a form of cruel and unusual
punishment[44] and torture[45] 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[46] that may lead to certain mental illnesses such as
depression, permanent or semi-permanent changes to brain physiology, [33] an existential
crisis,[47][48][49][50] and death.[45]
Access to healthcare

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