Long-term Solitary Confinement Research Articles

The Marion Experiment: Long-term Solitary Confinement and the Supermax Movement edited by Stephen C. Richards. Carbondale (IL): Southern Illinois University Press (2015) 336 pp.

The Marion Experiment: Long-term Solitary Confinement and the Supermax Movement edited by Stephen C. Richards. Carbondale (IL): Southern Illinois University Press (2015) 336 pp.

The COVID-19 Pandemic and the Future of the Prison

Since the discovery of the “jail disease,” probably typhus, in the eighteenth century, health experts have recognized that the prison is a near perfect incubator of contagious disease. Early in the COVID-19 pandemic, therefore, public health authorities and human rights groups advocated immediate and sustained decarceration of overcrowded prisons to save lives and stop the spread of the virus. Yet, decarceration efforts globally were uneven and largely failed to live up to expectations. Instead, prison systems typically sought to control the spread of COVID-19 by imposing strict “lockdowns” on prisoner movement that bordered on long-term solitary confinement in many jurisdictions. The consequences of these severe conditions on prisoners’ mental and physical health are only just emerging. The ramifications for future prison reform efforts may be more profound. If a deadly pandemic is not enough to instigate a reimagining of the role of prison in society, it is unclear what could.

The Contemporary Salience of Deprivation Theory: Prison Personnel Perceptions of Inmates and the Pains of Solitary Confinement

In recent decades, long-term solitary confinement has become a mainstay of prison systems. Critiques and research of this confinement typically have focused on its potential harms. Few studies have examined the range of harms to those placed in it; fewer still have examined solitary confinement’s potential benefits or sought insight from those who work with them. Guided by Sykes’ deprivation theory, we draw on focus groups and interviews with 144 correctional personnel to examine their perceptions of incarcerated individuals’ experiences with, and responses to, deprivations of solitary confinement. We show that staff view the pains of imprisonment as potentially increasing or decreasing in solitary confinement and that they view incarcerated persons as adapting to such confinement in different ways.

The body in isolation: The physical health impacts of incarceration in solitary confinement.

We examine how solitary confinement correlates with self-reported adverse physical health outcomes, and how such outcomes extend the understanding of the health disparities associated with incarceration. Using a mixed methods approach, we find that solitary confinement is associated not just with mental, but also with physical health problems. Given the disproportionate use of solitary among incarcerated people of color, these symptoms are most likely to affect those populations. Drawing from a random sample of prisoners (n = 106) in long-term solitary confinement in the Washington State Department of Corrections in 2017, we conducted semi-structured, in-depth interviews; Brief Psychiatric Rating Scale (BPRS) assessments; and systematic reviews of medical and disciplinary files for these subjects. We also conducted a paper survey of the entire long-term solitary confinement population (n = 225 respondents) and analyzed administrative data for the entire population of prisoners in the state in 2017 (n = 17,943). Results reflect qualitative content and descriptive statistical analysis. BPRS scores reflect clinically significant somatic concerns in 15% of sample. Objective specification of medical conditions is generally elusive, but that, itself, is a highly informative finding. Using subjective reports, we specify and analyze a range of physical symptoms experienced in solitary confinement: (1) skin irritations and weight fluctuation associated with the restrictive conditions of solitary confinement; (2) un-treated and mis-treated chronic conditions associated with the restrictive policies of solitary confinement; (3) musculoskeletal pain exacerbated by both restrictive conditions and policies. Administrative data analyses reveal disproportionate rates of racial/ethnic minorities in solitary confinement. This analysis raises the stakes for future studies to evaluate comparative prevalence of objective medical diagnoses and potential causal mechanisms for the physical symptoms specified here, and for understanding differential use of solitary confinement and its medically harmful sequelae.

Women in Solitary Confinement: Relationships, Pseudofamilies, and the Limits of Control

Drawing on qualitative data from focus groups with correctional personnel in one of the nation’s largest women’s prisons, this study examines staff perceptions of how incarcerated women cope with long-term solitary confinement. We find that women’s strong ties to other women and their prison pseudofamilies may influence the behaviors that explain their placement and stays in solitary confinement. We find, too, that women are perceived to go to extreme lengths to build and maintain relationships with other women. The findings showcase unintended consequences of solitary confinement, raise questions about its effectiveness, and highlight the limits of institutional control.

“More Resilient than Concrete and Steel”: Consciousness-Raising, Self-Discipline, and Bodily Resistance in Solitary Confinement

ABSTRACT Between 2011 and 2013, prisoners in California’s Pelican Bay Prison launched three collective hunger strikes protesting long-term solitary confinement. At the height of the third strike, 30,000 prisoners across the state refused food, ultimately forcing California to alter and limit its use of solitary confinement. Collective resistance of this scale is rare in prison, especially in supermax facilities, which attack prisoners’ subjectivity and condition expressions of agency that are harmful to self and others. Through a rhetorical analysis of the imprisoned activists’ accounts of cross-racial coalition building, I argue that prisoners found means to survive and resist social death by restoring a discursive space across cells and by claiming control of their bodies through regimes of self-discipline. I conclude by considering implications for mainstream prison reform discourse.

Psychological Distress in Solitary Confinement: Symptoms, Severity, and Prevalence in the United States, 2017-2018.

Objectives. To specify symptoms and measure prevalence of psychological distress among incarcerated people in long-term solitary confinement.Methods. We gathered data via semistructured, in-depth interviews; Brief Psychiatric Rating Scale (BPRS) assessments; and systematic reviews of medical and disciplinary files for 106 randomly selected people in solitary confinement in the Washington State Department of Corrections in 2017. We performed 1-year follow-up interviews and BPRS assessments with 80 of these incarcerated people, and we present the results of our qualitative content analysis and descriptive statistics.Results. BPRS results showed clinically significant symptoms of depression, anxiety, or guilt among half of our research sample. Administrative data showed disproportionately high rates of serious mental illness and self-harming behavior compared with general prison populations. Interview content analysis revealed additional symptoms, including social isolation, loss of identity, and sensory hypersensitivity.Conclusions. Our coordinated study of rating scale, interview, and administrative data illustrates the public health crisis of solitary confinement. Because 95% or more of all incarcerated people, including those who experienced solitary confinement, are eventually released, understanding disproportionate psychopathology matters for developing prevention policies and addressing the unique needs of people who have experienced solitary confinement, an extreme element of mass incarceration.

Decades in Death’s Twilight

The average amount of time that death row inmates spend on death row has ballooned over the past decade, and for death row inmates in the state of Texas, the entire duration of that increased time will be spent in solitary confinement. This raises the following question: Is solitary confinement now considered to be part of the punishment, one that may be worse than the death penalty itself? This article discusses the history of solitary confinement in U.S. prisons and cites scientific literature which posits that long-term solitary confinement can cause serious psychological damage. It examines “death row syndrome,” a term that refers to the psychological illness or disorder exhibited by an inmate who has spent a prolonged period of time in harsh conditions on death row. The article reviews the Polunsky Unit, which currently houses Texas’s death row and has been described as one of the worst prisons in the United States. The article also discusses the long history of Lackey claims, which allege that prolonged confinements under a death sentence breach the Eighth Amendment’s prohibition against cruel and unusual punishment. The unresolved dissent within the Supreme Court regarding this subject is presented and discussed. This article contends that the prolonged solitary confinement of a Texas inmate on death row is a violation of the Eighth Amendment, and concludes that the only solution is to end the practice of automatic and permanent solitary confinement.

Introduction

Introduction

Editors' Introduction: Reflections on the First Issue

We are happy to feature four invited submissions by Lisa Guenther, Kym Maclaren, Bonnie Mann, and Gayle Salamon, all of whom respond to the questions motivating our inaugural issue. Both Salamon and Maclaren offer a response to the question “What is critical phenomenology?” by exploring the productive relationship between critical theory and phenomenology. Salamon does this by tracing the history of the term critical phenomenology. Maclaren further explores the productive relationship between critical theory and phenomenology en route to her analysis of intimacy. Focusing on the phenomena of shame and long-term solitary confinement, Mann and Guenther take up that question by performing the work of critical phenomenology. Mann also offers suggestions regarding critical or, as she calls it, feminist phenomenology’s relation to the tradition—both of classical phenomenology and feminist philosophy. Guenther shows how the work of critical phenomenology is already at play in the practices of resistance among prisoners in the Security Housing Unit of Pelican Bay State Prison in California.

Editors' Introduction: Reflections on the First Issue

We are happy to feature four invited submissions by Lisa Guenther, Kym Maclaren, Bonnie Mann, and Gayle Salamon, all of whom respond to the questions motivating our inaugural issue. Both Salamon and Maclaren offer a response to the question “What is critical phenomenology?” by exploring the productive relationship between critical theory and phenomenology. Salamon does this by tracing the history of the term critical phenomenology. Maclaren further explores the productive relationship between critical theory and phenomenology en route to her analysis of intimacy. Focusing on the phenomena of shame and long-term solitary confinement, Mann and Guenther take up that question by performing the work of critical phenomenology. Mann also offers suggestions regarding critical or, as she calls it, feminist phenomenology’s relation to the tradition—both of classical phenomenology and feminist philosophy. Guenther shows how the work of critical phenomenology is already at play in the practices of resistance among prisoners in the Security Housing Unit of Pelican Bay State Prison in California.

Unmaking and Remaking the World in Long-Term Solitary Confinement

In The Body in Pain, Elaine Scarry analyzes the structure of torture as an unmaking of the world in which the tools that ought to support a person’s embodied capacities are used as weapons to break them down. The Security Housing Unit (SHU) of California’s Pelican Bay State Prison functions as a weaponized architecture of torture in precisely this sense; but in recent years, prisoners in the Pelican Bay Short Corridor have re-purposed this weaponized architecture as a tool for remaking the world through collective resistance. This resistance took the form of a hunger strike in which prisoners exposed themselves to the possibility of biological death in order to contest the social and civil death of solitary confinement. By collectively refusing food, and by articulating the meaning and motivation of this refusal in articles, interviews, artwork, and legal documents, prisoners reclaimed and expanded their perceptual, cognitive, and expressive capacities for world-making, even in a space of systematic torture.

Unmaking and Remaking the World in Long-Term Solitary Confinement

In The Body in Pain, Elaine Scarry analyzes the structure of torture as an unmaking of the world in which the tools that ought to support a person’s embodied capacities are used as weapons to break them down. The Security Housing Unit (SHU) of California’s Pelican Bay State Prison functions as a weaponized architecture of torture in precisely this sense; but in recent years, prisoners in the Pelican Bay Short Corridor have re-purposed this weaponized architecture as a tool for remaking the world through collective resistance. This resistance took the form of a hunger strike in which prisoners exposed themselves to the possibility of biological death in order to contest the social and civil death of solitary confinement. By collectively refusing food, and by articulating the meaning and motivation of this refusal in articles, interviews, artwork, and legal documents, prisoners reclaimed and expanded their perceptual, cognitive, and expressive capacities for world-making, even in a space of systematic torture.

23/7: Pelican Bay Prison and the Rise of Long-Term Solitary Confinement

23/7: Pelican Bay Prison and the Rise of Long-Term Solitary Confinement

Unmaking and Remaking the World in Long-term Solitary Confinement

In The Body in Pain , Elaine Scarry analyzes the structure of torture as an unmaking of the world in which the tools that ought to support a person’s embodied capacities are used as weapons to break them down. The Security Housing Unit (SHU) of California’s Pelican Bay State Prison functions as a weaponized architecture of torture in precisely this sense; but in recent years, prisoners in the Pelican Bay Short Corridor have re-purposed this weaponized architecture as a tool for remaking the world through collective resistance. This resistance took the form of a hunger strike in which prisoners exposed themselves to the possibility of biological death in order to contest the social and civil death of solitary confinement. By collectively refusing food, and by articulating the meaning and motivation of this refusal in articles, interviews, artwork, and legal documents, prisoners reclaimed and expanded their perceptual, cognitive, and expressive capacities for world-making, even in a space of systematic torture.

23/7: Pelican Bay Prison and the Rise of Long-Term Solitary Confinement. By Keramet Reiter. New Haven: Yale University Press, 2016.

23/7: Pelican Bay Prison and the Rise of Long-Term Solitary Confinement. 584 By Keramet Reiter. New Haven: Yale University Press, 2016.In 1996, Los Angeles Times revealed that guards in California's 588 maximum-security prisons had been staging gladiatorial contests 589 between inmates. What's more, the contests often occurred in the 590 state's housing units, solitary confinement facilities 591 designed to keep the most dangerous inmates in continuous isola- 592 tion. guards would remotely unlock the cells of rival gang 593 members at the same time, intentionally releasing them into the 594 same space. Five men died when the fights got out of control and 595 guards shot them. 596Scandals like this one erupted with startling regularity in the state's secure housing units. But while inmates' lawsuits led to some modest reforms, the units themselves were not declared unconstitu- tional by the courts or deemed inhumane by the state legislature. Indeed, at Pelican Bay Prison, the state's first supermax facility, prison administrators spent the better part of the 1990s transform- ing what was once an extraordinary practice-round-the-clock iso- lation in an 80 square foot space-into a common one that some inmates would endure for decades. Pelican Bay's construction in 1988 represented an unprecedented expansion and modernization of the state's secure housing infrastructure, all in the name of secu- rity. Inmates' dangerousness, prison administrators argued, war- ranted both the extreme measure and the enormous discretion judges and legislators had given to corrections personnel about how to implement it.The power of that unchecked administrative discretion hovers over the entirety of Keramet Reiter's 23/7: Pelican Bay Prison and the Rise of Long-Term Solitary Confinement, a brilliant and path-breaking biography of a prison that critics called a high-tech dungeon. Studying everything from the creation of the prison's blueprints in the 1980s to the response to the appalling scandals that erupted within it after it opened, Reiter finds that legislators elected to rep- resent the people and judges charged with protecting inmates' con- stitutional rights failed to meaningfully monitor the dramatic expansion of an extreme sanction.Drawing on a wide array of legislative, judicial, and journalistic sources, correspondence with prisoners confined in long-term soli- tary, and-most compellingly-oral histories she conducted with prisoners and prison administrators, Reiter offers an engrossing account of the history of Pelican Bay. Without compromising her scholarly orientation, she writes with the clarity, intensity, and acces- sibility of an investigative journalist.The modern history of solitary confinement in California, Reiter argues, begins with the social upheavals of the 1960s and 1970s and their infiltration into the prison. In corrections adminis- trators' minds, prisoners like George Jackson, a Black Panther whose Soledad Brother had made him a hero to the radical left, were responsible for the spiraling violence in California's prisons. Solitary confinement became a way to isolate ringleaders and prevent the conflicts they created.But reactionary backlash against the radical prison movement only did so much. It is not chiefly to blame for the massive expan- sion of solitary confinement, Reiter finds. Hannah Arendt's famous account of the banality of in Nazi Germany is a more apt point of reference (and one she explicitly invokes). The ongoing imposition of solitary confinement is not deliberate or malicious, she explains. [R]ather, it is the culmination of everyday bureau- cratic functioning and path dependency, in which one day of iso- lation becomes thirty days, and thirty days becomes thirty years (p. 5).Importantly, though, evidence in 23/7 and other studies of hyper-modern punishment suggest that banal evil does not stay banal for long (Dayan 2011; Lynch 2000; Smith 2008). …

The Rise of Solitary

The Pelican Bay State Prison, California's first supermax facility, contains more than a thousand cells designed for solitary confinement. Until conditions eased slightly after hunger strikes in 2011 and 2013, Pelican Bay’s solitary confinement prisoners spent twenty-two-and-a-half hours per day in their eighty-square-foot cells. In 23/7: Pelican Bay Prison and the Rise of Long-Term Solitary Confinement, the scholar and advocate Keramet Reiter sets out to explain why and how supermax prisons emerged in the United States around 1990. David Glenn reviews 23/7: Pelican Bay Prison and the Rise of Long-Term Solitary Confinement by Keramet Reiter.

The Original Meaning of 'Cruel'

This Article demonstrates that the word “cruel” in the Cruel and Unusual Punishments Clause means “unjustly harsh,” not “motivated by cruel intent.” The word refers to the effect of the punishment, not the intent of the punisher. In prior articles, I have shown that the word “unusual” means “contrary to long usage,” and thus a punishment is cruel and unusual if its effects are unjustly harsh in light of longstanding prior practice.This Article solves several important problems plaguing the Supreme Court’s Eighth Amendment jurisprudence. First, it clarifies the Eighth Amendment’s intent requirement. To violate the Cruel and Unusual Punishments Clause, some government official must possess intent to punish but not necessarily intent to punish cruelly. Second, it demonstrates how to determine whether a given punishment is so harsh that it violates the Eighth Amendment. The question is not whether a punishment is unjustly harsh in the abstract but whether it is unjustly harsh in comparison to the traditional punishment practices it has replaced. Third, it shows how to sort between those unintended effects of punishment that may properly be considered part of the punishment and those that may not. If a given punishment heightens the risk of severe, unjustified harm significantly beyond the baseline risk established by longstanding prior practice, it is cruel and unusual. Finally, this Article establishes that the core purpose of the Cruel and Unusual Punishments Clause is to prevent unjust suffering, not the coarsening of public sensibilities. Historically, governmental efforts to protect public sensibilities by making punishment less transparent have increased the risk that the offender will experience undetected cruel suffering. When the government undertakes such efforts, it should bear the burden to show that they do not significantly increase this risk.The original meaning of the Cruel and Unusual Punishments Clause calls into question the constitutionality of several current punishment practices, including lengthy prison sentences for certain offenses, long-term solitary confinement, the three-drug lethal injection protocol, and certain prison conditions, to name a few.

Prisoners of Solitude: Bringing History to Bear on Prison Health Policy

Season two of the popular prison drama Orange is the New Black opens in a small concrete cell, no larger than a parking space. The cell is windowless and sparsely furnished; it holds a toilet, a sink and a limp bed. The only distinguishing feature we see is a mural of smeared egg, made by the cell's resident, the show's protagonist Piper Chapman. When a correctional officer arrives at this solitary confinement cell, he wakes her, and mocks her egg fresco. “This is art,” she insists. “This is a yellow warbler drinking out of a daffodil.” Her rambling suggests the confusion and disorientation associated with inmates in solitary confinement, who often become dazed after only a few days in isolation. As the scene continues, we see Piper exhibit further symptoms associated with both short- and long-term solitary confinement—memory loss, inability to reason, mood swings, anxiety—all indicating mental deterioration and impaired mental health. In this and other episodes, we begin to see solitary confinement as the greatest villain in the show, more villainous than any character a writer could create. The new and growing trend of television prison dramas like Orange is the New Black brings the issue of solitary confinement, along with other issues related to incarceration, to a more general audience, exposing very real problems in the failing contemporary prison system, not just in America, but worldwide. The show's success leads us to ask how history, alongside fictional dramas and contemporary case reports, can draw attention to the issue of solitary confinement.

Stephen C. Richards (ed): The Marion Experiment: Long-Term Solitary Confinement and the Supermax Movement

Stephen C. Richards (ed): The Marion Experiment: Long-Term Solitary Confinement and the Supermax Movement