NCJ Number
123642
Journal
New England Journal on Criminal and Civil Confinement Volume: 15 Issue: 2 Dated: (Summer 1989) Pages: 301-324
Date Published
1989
Length
24 pages
Annotation
In assessing whether or not the conditions of solitary confinement violate the eighth amendment proscription against cruel and unusual punishment, psychological effects as well as physical conditions should be considered.
Abstract
A number of Federal court cases -- including "Weems," "Trop," and "Gregg" -- have set the scope of eighth amendment analysis. In challenging confinement conditions, three issues are relevant: whether the punishment is grossly disproportionate to the severity of the crime, whether the conditions involve the wanton and unnecessary infliction of pain, and whether the conditions deprive inmates of the minimal civilized measures of life's necessities. In the case of punishment associated with solitary confinement, the courts have focused on the adequacy of food, shelter, light, heat, ventilation, bedding, and basic elements of hygiene. The courts have not focused on the psychological impact of solitary confinement, although they have implied that psychological considerations may be important when the isolation has lasted for an extended period. Research indicates that after a few hours in isolation, the punishment loses its effectiveness and the resulting psychological deterioration creates hostile and violent behavior as well as minimal progress toward changing negative behaviors. It can be argued that this detrimental effect constitutes an unnecessary infliction of pain. 212 footnotes.