Citation

Northwest Univ. Law Rev. 2020; 115(1): 335-360.

Copyright

(Copyright © 2020, Northwestern University School of Law)

DOI

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PMID

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Abstract

BACKGROUND "Solitary confinement" is known by many different names and acronyms in corrections: "close custody," "administrative segregation," "restrictive housing," and "punitive isolation," to name just a few. Prison and jail administrators use solitary confinement for a variety of reasons, only some of which are officially acknowledged.1 The reasons include management of disruptive prisoners, punishment for prison and jail disciplinary infractions, and so-called "protective custody" (i.e., to separate prisoners from others for their safety). Although the cutoff for exactly how much time-in-cell constitutes solitary confinement is debatable, it normally entails in-cell confinement for upwards of twenty-two hours a day.2 Prisoners in solitary confinement are deprived of meaningful social contact for lengths of time that can range from very brief periods to, in extreme cases, several decades.3 The number of persons in solitary confinement worldwide is difficult to reliably calculate. However, in 2014, it was estimated that in the United States alone 80,000 or more persons were held in solitary confinement in the nation's jails and prisons on any given day.4 The deprivation of meaningful social contact and interaction that occurs in solitary confinement is a form of trauma and the resulting harm has been well documented. Solitary confinement has been linked to a host of negative psychological and physical symptoms and problematic behaviors, including: anxiety, depression, ruminations, irritability and anger, paranoia, disturbed sleep and appetite, cognitive impairment, social withdrawal, cardiovascular disease, impaired vision, self-harm, and suicide.5 These adverse effects may persist after a person's time in solitary confinement has ended, and some of them may prove fatal. For example, a study conducted in the New York City jail system found that fewer than 10% of the population was held in solitary confinement, yet these persons accounted for over 50% of all documented acts of self-harm, and 45% of potentially fatal acts of self-harm.6 Although the absence of meaningful social contact is the essence of solitary confinement, the painfulness and potential harm of the experience is compounded by other forms of deprivation. Prisoners in solitary confinement are deprived of access to positive environmental stimulation, meaningful recreation, programming, treatment, contact visits, and other aspects of everyday prison life that are essential to health and rehabilitation. In many instances, solitary confinement is punitively and forcefully imposed. In addition, the atmosphere inside jail and prison isolation units is often hostile, adding to its stressfulness.7 The literature documenting the serious adverse consequences that often result from solitary confinement is robust and theoretically well grounded.8 © 2020, Northwestern University School of Law. All rights reserved.

Language: en