The Need to End Solitary Confinement

Solitary Confinement
Introduction
As Clark (2017) points out, solitary confinement is typically a disciplinary, administrative or personal measure employed to punish, control or protect the individual who is isolated from others. However, the practice can have lasting and devastating effects on the psychology and health of individuals who thus confined—especially for juveniles. The reason for this damaging effect is that human beings are essentially social creatures and need sociality in order to feel whole. Exceptions to this rule have existed through history by primarily because one individual or another chose to live in solitude and was not confined against his will. Confinement against one’s will can be damaging and debilitating and numerous examples of this exist, especially in cases where the individual is left in confinement for a long period of time: the case of Stephen Slevin, who was arrested for drunk driving and possession of a stolen vehicle—but never charged—was placed in solitary confinement and then forgotten about by authorities for two years before the mistake was finally realized and he was released (Allen, 2013). Slevin suffered from mental damage and physical health problems as a result of his confinement—but his example is a particularly strange and extreme one and there are others that are far more routine that show why the nature of solitary confinement is particularly problematic. This paper will examine some of these examples, show why this is an important issue in the criminal justice field, and discuss how reform can help address the negative ways solitary confinement impacts prisoners, particularly juveniles.
What It Is
Solitary confinement is the practice of isolating a prisoner in a cell that is about 50 sq. ft. big. It was introduced in America by the Quakers in the 19th century with the purpose being to give prisoners the opportunity for “sober reflection and penitence” (Clark, 2017, p. 350). When Alexis de Tocqueville toured America, he commented on this practice in no uncertain terms: “This trial, from which so happy a result had been anticipated was fatal to the greater part of the convicts…This absolute solitude…is beyond the strength of man. It destroys the criminal without intermission and without pity; it does not reform, it kills” (Clark, 2017). Today, the practice continues—with utmost severity.
The length of the confinement can vary depending on the reasons for the confinement, but usually the prisoner is confined for anywhere from 22 to 24 hours per day—and the stint can last for days to weeks, and longer in the case of some prisons. As Dimon (2014) notes, being cut off from all human contact “wreaks profound neurological and psychological damage, causing depression, hallucinations, panic attacks, cognitive deficits, obsessive thinking, paranoia, anxiety, and anger.” One Boston psychiatrist has noted that “even a few days of solitary confinement will predictably shift the electroencephalogram (EEG) pattern towards an abnormal pattern characteristic of stupor and delirium” (Grassian, 2006, p. 330-331). For juveniles, the alteration of brain patterns is very troubling. Because juveniles are still in a developmental stage, suffering from solitary confinement can be especially damaging to their mental health. In many cases, it can lead to suicidal ideation and even to a teen’s suicide if the means of taking life are available. The Department of Justice reported that 60% of teens who committed suicide had a history of being held in confinement (Hayes, 2009). While correlation does not mean causation, it does indicate a relationship that should be concerning.
Why This Reform is Needed
Solitary confinement can certainly harm the teenage brain in numerous ways: delirium, cold sweats, episodes of panic and disorientation have all been described by juveniles who have been locked in solitary confinement (Dimon, 2014). It is considered a form of child abuse by Clark (2017) who points out how the “immaturity and vulnerability of the adolescent brain” (p. 350) makes it susceptible to damage from isolation for an extended period of time. The story of Kalief Brown is one such case: arrested for stealing a backpack when he was 16, Kalief was locked away for 3 years on Rikers Island—two of them in solitary confinement—all while awaiting a trial that never came. He was another case of a forgotten prisoner—but the torment of solitary confinement was what led him to attempt suicide multiple times. He finally succeeded two years after his release, after meeting Jay-Z and other celebrities who extended their support upon hearing of the miscarriage of justice and of the young man’s struggles. Kalief took his own life at his parents’ home—another statistic—another example of what so many other juveniles go through after being kept in solitary confinement for so long (Gonnerman, 2015).
For these reasons, there is a need for reform of the criminal justice system with regard to solitary confinement, particularly for juveniles. However, the problem exists for adults too—especially in supermax prisons. Gordon (2014) describes how these prisons are set up to cater to solitary confinement: “Demonstrating the trend toward solitary confinement’s increased role in the American penal system is the development of the ‘supermax’ prison. Supermaxes are prisons in which all prisoners are held in extreme isolation in long-term solitary confinement, often because the prison system deems them to be gang members” (p. 497). The prisoners are kept in total isolation, not even seeing their prison guards or being able to communicate to other prisoners through the walls, and the prison administrators are quite candid about their feelings, saying that some prisoners deserve to be “treated like animals” (Gordon, 2014, p. 497). In other countries, prisoners are treated humanely and allowed to rehabilitate by getting into contact with nature, taking leisurely strolls and taking part in support groups (Moore, 2011). In America, reform is badly needed because this type of inhumane treatment only serves to dehumanize both prisoners and guards, not to mention the society that permits it all to happen. A dehumanized society is not one that will stand for very long.
Importance in the Field of Criminal Justice
The reputation of criminal justice stands on the perception that people have of the system being just. When the system’s reputation for inhumanity becomes known, the system itself begins to suffer. Individuals in the field of criminal justice have a responsibility therefore to do all they can to make sure ethical practices are followed, promoted and adhered to for every facet of the field. That includes the way in which inmates are incarcerated and how they are imprisoned.
Enough researchers, psychologists, activists and experts have weighed in on the matter to show that solitary confinement goes against nature and has negative psychological and physical ramifications, especially for juveniles. This type of treatment is routinely called torture by the U.S. when the finger is pointed at enemies abroad. When the finger is pointed at the penal system in the U.S., however, excuses are always made: it’s for the prisoner’s own protection; they are animals; they deserve it. This type of excuse-making is bound to come back and undermine the seriousness and credibility of the criminal justice field before too long. That is why it needs to be addressed now.
How to Enact the Reform
Enacting reform on solitary confinement must come about as federal law: starting with Congress, legislation has to be introduced and passed making it unlawful for prisoners to be held in solitary confinement for longer than half a day. Some prisoners may need time to be confined in isolation for a short time—but keeping them there for longer than can be considered humane is what needs to be abolished. Getting such a bill through Congress may be akin to the impossible task, so the next best way to enact reform is to begin raising awareness among the public so that the public can put pressure on Congress to act. This reform needs to happen on the federal level because, although some states are taking steps to reduce the practice, these are not sweeping changes that will address the issue widely (Dimon, 2014). Some congressmen are aware of the problem, and states like Ohio and New York have addressed it to a degree—“but no states prohibit isolation of children in adult facilities and only a few states limit it in juvenile facilities” (Dimon, 2014). Ian Kysel, the Dash/Muse Fellow at the Georgetown Law Human Rights Institute, has stated that in order for reform to occur, there has to be a change in legislation. And that has to start at the top—at the federal level, so that all states will be required to fall in line.
Gordon (2014) notes that in the meantime, state prisons can reform themselves following the example of the prisons that have already made changes for the better: “Some prisons have had great success implementing more open and social programs for housing prisoners. At Minnesota’s Oak Park Heights maximum-security prison, prisoners have human contact, natural light and sensory stimulation, and they are allowed to exercise; few people are locked in their cells during the day” (p. 524). The more that prisoners get to be out of their cells, communing with nature, and getting to feel like they have to power to change, the more humane and just the criminal justice system will become. It is one of the great American traditions, after all, that human beings be able to strive for self-reliance and engage in Transcendental behavior. Ralph Waldo Emerson advocated for such in his class on “Self-Reliance.”
Places Where Reform Works
Michael Moore spent time in Norway to show how reform works in other countries. Norway’s “prison” was more like a country club than a prison compared to American standards. The prisoners had their own homes, like condo units, on an island that was essentially a resort for inmates. The inmates had jobs on the island, such as maintain the grounds, and encouraged to take part in community support groups, led by an individual who gave advice on how to become a better citizen. The inmates gained social skills and a work ethic. They were able to commune with nature and take part in decision-making exercises. Given time to reflect and engage in actual humanizing activities, the inmates felt rehabilitated in a way that would seem completely impossible in an American prison. Yet, as Moore showed, these individuals were there for the same type of crimes that many people in America are locked away for and kept in solitary confinement.
Conclusion
The American practice of solitary confinement, which began with the Quakers in the 19th century, was condemned by Alexis de Tocqueville in Democracy in America, yet it continued to be an integral part of the American penal practice. The practice, however, has been shown to be detrimental to individual’s psychological and physical health. Juveniles suffer especially from solitary confinement—as do adults. The reform is needed for that reason, and that means legislative change needs to occur.




References
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