Suchergebnisse

AbstractSome evidence suggests that the practice of solitary confinement in incarceration settings is linked to poor mental health outcomes; however, prior research has not yet examined associations between experiences of solitary confinement and psychosis symptoms. To address this gap, authors conducted a cross-sectional survey of 201 formerly incarcerated men and women in the United States to examine the relationship between solitary confinement and psychosis symptoms in the postrelease community setting. Results indicated that solitary confinement was significantly associated with higher levels of current psychosis symptoms after controlling for demographic factors and clinical characteristics. These findings highlight the need for short-term and long-term community-based mental health interventions and prevention efforts in the postrelease community setting. Social workers and practitioners in community mental health settings should be cognizant of patients' histories with solitary confinement and consider how these experiences may present risks to current mental health symptoms (i.e., early onset psychosis). Future studies are needed on protective mechanisms that may buffer the effects of prior solitary confinement on psychosis.

"Originally meant to be brief and exceptional, solitary confinement in U.S. prisons has become long-term and common. Prisoners spend twenty-three hours a day in featureless cells, with no visitors or human contact for years on end, and they are held entirely at administrators' discretion. Keramet Reiter tells the history of one "supermax," California's Pelican Bay State Prison, whose extreme conditions recently sparked a statewide hunger strike by 30,000 prisoners. This book describes how Pelican Bay was created without legislative oversight, in fearful response to 1970s radicals; how easily prisoners slip into solitary; and the mental havoc and social costs of years and decades in isolation. The product of fifteen years of research in and about prisons, this book provides essential background to a subject now drawing national attention, "--Baker & Taylor

Abstract
One of the most serious human rights violations today is occurring throughout the US. In US jails and prisons, individuals are held in solitary confinement for weeks, months and even years. Solitary confinement can cause significant psychological damage, including cognitive delays, increased suspicion and paranoia, increased anxiety, fear, ag­gression and hostility, heightened feelings of helplessness and depression, and increased thoughts and attempts at self-mutilation and suicide. Many prisoners held in this severe form of isolation are juveniles or individuals with serious mental illness, to whom it is par­ticularly damaging. Although solitary confinement is common in the rest of the world, no­where is it more prevalent as a long-term prisoner management tool than in the United States. US courts have found that solitary confinement is a violation of the Eighth Amend­ment to the US Constitution in certain situations, yet the practice persists.
As a global movement against solitary confinement grows, the United Nations and re­gional human rights tribunals have spoken out against the practice. A robust body of inter­national case law has defined the contours of when solitary confinement is cruel, inhuman or degrading treatment, and the instances in which it is torture. International bodies pro­hibit solitary confinement for juveniles, prisoners with mental illness, and prisoners on death row or with life sentences. International tribunals generally find solitary confinement for all prisoners contrary to applicable law where it constitutes incommunicado detention, where it is unnecessarily prolonged without justification, and where the totality of condi­tions of confinement cross a threshold into unacceptable cruelty.
As international law prohibiting solitary confinement crystallizes, the practice in the United States may be curtailed through reliance on international law by US judges. Further, the US executive may take an increased interest in curbing solitary confinement to avoid repu­tational damage among the global community.

This qualitative study analyzes the effects of solitary confinement on prisoners and the strategies used by them to cope with its difficulties. The findings indicate that solitary confinement is perceived as unfair and as intensifying hostile emotions and physical aggression, and that it is related to a range of long-term physiological, mental, and behavioral disorders. Three strategies are used to cope with the difficulties of solitary confinement: keeping to a ritualistic routine, a religious lifestyle, and physical exercise. We conclude that solitary confinement exacerbates the difficulties of detention and affects prisoners' health and well-being for short and long terms.

"Acknowledgements" -- "Contents" -- "Introduction" -- "Part 1" -- "1: The Hidden Corner of the Prison" -- " History and Context" -- " Post-Independence Imprisonment" -- " Modern Foundations of Solitary" -- " The Original Position" -- " Warren's Due Process Revolution" -- " From Expansion to Concern" -- " Post-1976: The Modern Era" -- " Confinement Conditions: Burger and Rehnquist Courts" -- " Confinement Conditions Post-1995" -- " Contemporary Solitary Confinement Issues" -- " Conditions: The Physicality of SHU" -- " Imposition: Psychiatric Effects of Misuse" -- " Conclusion" -- "2: An Adjudicative Framework: Morality and the Punishments Clause" -- " The Constitution: Living, Dead, Moral?" -- " Post-enlightenment Jurisprudence" -- " Dworkin's Answers" -- " Morality" -- " Law as Integrity and Best Fit" -- " Adjudicating Hard Cases" -- " Principles Trump Policies" -- " Hercules" -- " Subjectivity" -- " Fidelity" -- " Conclusion" -- "3: The Eighth Amendment's Evolution" -- " Weems v US: Benevolent Imperialism?" -- " The Eighth Amendment, Incorporated" -- " Capital Punishment at the Court" -- " The Precursors to Furman" -- " Furman Reaches the Court" -- " Gregg v Georgia and Its Progeny" -- " Post-Gregg Evolution" -- " Classes of Capital Offenders: Juveniles" -- " Intellectually Disabled Offenders" -- " Racial Bias" -- " Non-Capital Punishment" -- " Proportionality in Non-Capital Sentencing" -- " Mandatory Minimums" -- " Juveniles" -- " Concluding Remarks" -- "Part 2" -- "4: National Consensus by State Counting" -- " Precedent" -- " The Court's Use of Majoritarianism: Capital Crimes and Offenders" -- " Intellectual Disability" -- " Age as a Barrier to Execution" -- " An Interpretive Assessment" -- " The Counter-Majoritarian Difficulty" -- " The Risk of Bad Science" -- " The Laboratories of Democracy

The continued use of solitary confinement has sparked international public health and human rights criticisms and concerns. This carceral practice has been linked repeatedly to a range of serious psychological harms among incarcerated persons. Vulnerabilities to harm are especially dire for persons with preexisting serious mental illness ("SMI"), a group that is overrepresented in solitary confinement units. Although there have been numerous calls for the practice to be significantly reformed, curtailed, and ended altogether, few strategies exist to minimize its use for people with SMI and histories of violence against themselves or others. This case study describes the "Oregon Resource Team" (ORT), a pilot project adapted from a Norwegian officer-led, interdisciplinary team-based approach to reduce isolation and improve outcomes for incarcerated persons with SMI and histories of trauma, self-injury, and violence against others. We describe the ORT's innovative approach, the characteristics and experiences of incarcerated people who participated in it, its reported impact on the behavior, health, and well-being of incarcerated persons and correctional staff, and ways to optimize its effectiveness and expand its use.

"Based on ethnographic observations and interviews with inmates, correctional officers, and civilian staff conducted in solitary confinement units, Way Down in the Hole explores the myriad ways in which daily, intimate interactions between those locked up twenty-four hours a day and the correctional officers charged with their care, custody, and control produce and reproduce hegemonic racial ideologies. Smith and Hattery explore the outcome of building prisons in rural, economically depressed communities, staffing them with white people who live in and around these communities, filling them with Black and brown bodies from urban areas and then designing the structure of solitary confinement units such that the most private, intimate daily bodily functions take place in very public ways. Under these conditions, it shouldn't be surprising, but is rarely considered, that such daily interactions produce and reproduce white racial resentment among many correctional officers and fuel the racialized tensions that inmates often describe as the worst forms of dehumanization. Way Down in the Hole concludes with recommendations for reducing the use of solitary confinement, reforming its use in a limited context, and most importantly, creating an environment in which inmates and staff co-exist in ways that recognize their individual humanity and reduce rather than reproduce racial antagonisms and racial resentment"--

An investigation from ProPublica shows that one Knoxville-area facility is putting kids in solitary but skirting scrutiny by classifying the seclusion as "voluntary."

Abstract
This paper considers the role that litigation might play in ending the human rights crisis of solitary confinement in Canada while also examining the relationship of prisoner rights litigation to broader, anti-carceral social movements. The paper proceeds in four parts. The first section provides a brief overview of the widespread use of solitary confinement in Canada's federal prisons and in provincial and territorial jails. Next, current litigation seeking an end to solitary confinement in the federal prisons system is located in the context of a long history of prisoner rights litigation in both the US and Canada. The third section considers the possibilities and challenges of pursuing prisoner rights litigation with broader critiques of the carceral state in mind. The paper ends with examples of anti-carceral lawyering efforts and identifies some elements of a prison abolitionist lawyering ethic.