NCJ Number
234570
Journal
American Criminal Law Review Volume: 47 Issue: 4 Dated: Fall 2010 Pages: 1421-1440
Date Published
2010
Length
20 pages
Annotation
This article examines how and why the American Bar Association's (ABA) Standards deal with the crucial issue on the use of segregation in prisons.
Abstract
This article offers proposals to reform prison use of solitary confinement. It addresses all of the aspects of long-term segregation by presenting solutions that embody a consensus view of representatives of all segments of the criminal justice system. Part 1 of this article provides information on the Standards which establish principles and functional parameters to guide the operation of American jails and prisons to help the Nation's criminal justice policymakers, correctional administrators, legislators, judges, and advocates protect prisoners' right, while promoting the safety, humaneness, and effectiveness of correctional facilities. Part 2 discusses the history of segregated housing and general observations about its effects. Part 3 discusses the approach taken by the ABA Standards with respect to permitted rationales for the use of segregated housing. Part 4 describes the Standards' procedural requirements for placing prisoners in long-term segregation. Part 5 focuses on those Standards that are intended to mitigate the effects of isolating conditions.