The Most Restrictive Alternative: A Litigation History of Solitary Confinement in U.S. Prisons, 1960–2006
In: Studies in Law, Politics, and Society; Studies in Law, Politics and Society, S. 71-124
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In: Studies in Law, Politics, and Society; Studies in Law, Politics and Society, S. 71-124
One of the iconic pictures from Abu Ghraib shows an unmuzzled German Shepherd straining at his leash a few inches in front of a detainee, who is crouched in terror. Two Army Sergeants have been convicted in courts-martial of using their dogs to harass, threaten, and assault detainees. Yet five U.S. state prison systems—those of Connecticut, Delaware, Iowa, South Dakota, and Utah—continue to authorize the use of large unmuzzled dogs to terrify and even attack prisoners to secure their compliance with orders to permit themselves to be handcuffed and removed from their cells. While the prisoner tries to fend off the dog, officers move in to take hold of him, apply restraints and then remove him from his cell. The use of dogs to threaten and attack prisoners to facilitate cell extractions has been a well-kept secret, even in the world of corrections. Human Rights Watch has spoken with more than two dozen current and former correctional officials who had no idea dogs were authorized, much less ever used, for this purpose. Many were, as one said, "flabbergasted." In three of the five states that authorize use of dogs in cell extraction, the policies appear to be used rarely if at all. In Connecticut (20 cases in 2005) and Iowa (63 cases between March 2005 and March 2006), use of dogs for this purpose is far more common. Human Rights Watch knows of no other country in the world that authorizes the use of dogs to attack prisoners who will not voluntarily leave their cells. Dogs are often used in prisons in the United States and elsewhere to patrol perimeters and to search for contraband, a use that does not raise human rights concerns. When Human Rights Watch began this research in 2005, two additional states, Massachusetts and Arizona, also permitted the use of dogs in cell extractions. In 2006, however, corrections departments in those states instituted new policies prohibiting such use of dogs. We welcome these decisions and urge the corrections departments of Connecticut, Delaware, Iowa, South Dakota and Utah to follow suit. If they do not do so, the respective state legislatures should enact legislation prohibiting the practice. The American Correctional Association, which publishes standards for professional corrections management, should include a prohibition on the use of dogs for cell extractions in its use of force standards.
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In: Social science & medicine, Band 358, S. 117218
ISSN: 1873-5347
In: Punishment & society, Band 24, Heft 2, S. 170-195
ISSN: 1741-3095
This study provides the first systematic, nationally representative analysis of administrative records of solitary confinement placements in any carceral setting. We examine patterns in who experiences solitary confinement in Immigration and Customs Enforcement (ICE) custody, as well as the stated reason for, and length of, their confinement. We reveal several findings. First, cases involving individuals with mental illnesses are overrepresented, more likely to occur without infraction, and to last longer, compared to cases involving individuals without mental illnesses. Second, solitary confinement cases involving immigrants from Africa and the Caribbean are vastly overrepresented in comparison to the share of these groups in the overall detained population, and African immigrants are more likely to be confined for disciplinary reasons, compared to the average. Finally, placement patterns vary significantly by facility and institution type, with private facilities more likely to solitarily confine people without infraction, compared to public facilities. This study offers a lens through which to more precisely theorize the legal boundary-blurring of crimmigration and the relationship between prison and immigration detention policies, to better understand the practice of solitary confinement across carceral contexts, and to analyze the relationship between national-level policy and on-the-ground implementation.
In: Punishment & society, Band 20, Heft 1, S. 92-112
ISSN: 1741-3095
Drawing on interviews with 76 prisoners, 47 prison staff, and 14 experts, we document lived experiences of punishment in the Danish prison context. We argue that, regardless of "humanizing" elements of normalization and humanity, prisoners and staff may experience the power of the carceral state in Denmark in ways similar to those under more obviously harsh confinement regimes, as exist in the United States and, to a lesser extent, in the United Kingdom. Ultimately, macro-level theories like Scandinavian Exceptionalism serve as a rhetorical tool, implying that harsher prison systems are fixable, but fail to reflect the micro-level realities of incarceration.
In: The prison journal: the official publication of the Pennsylvania Prison Society, Band 103, Heft 6, S. 769-790
ISSN: 1552-7522
This article examines methodological dilemmas surrounding entrée, emotion, and epistemology that can arise when conducting qualitative research in carceral settings. We address how our research team navigated consent and presentations of self for maintaining access; how they managed empathy and the emotional toll of conducting research in adversarial settings; and how conflicting narratives raised questions about data validity and knowledge construction. Analysis reveals how institutional power dynamics shape behind-the-scenes methodological decisions we make during fieldwork. Without open discussion, researchers risk perpetuating the opacity we seek to diffuse and replicating the power dynamics we aim to objectively document within total institutions.
BACKGROUND: In light of mounting evidence of the physical and psychological harms associated with solitary confinement, many correctional systems, state legislators, courts, and even international human rights bodies are increasingly recommending and implementing reforms to mitigate the harms of solitary confinement, if not abolish the practice entirely. In this piece, we examine three specific infrastructural changes to solitary confinement conditions and practices implemented in Washington state prisons with such harm minimization goals in mind: (1) building so-called "nature imagery rooms" to play videos of outdoor spaces, (2) eliminating punishments for self-harm, and (3) conducting daily cell-front wellness checks. RESULTS: Drawing on 183 in-depth qualitative interviews with both staff working in and people imprisoned in solitary confinement units conducted in Washington state restrictive housing units in 2017, we find that these three reforms not only resulted in limited successes but also generated new conflicts. Institutional logics such as deprivation, risk-management, and responsibilization ultimately impeded even the most modest attempts to mitigate the inherently harsh practice of solitary confinement. The limits of these reforms are due in part to individual choices made by people imprisoned in solitary confinement and staff working in these units, as well as the larger cultural norms that shape life in restrictive housing units. CONCLUSIONS: Incrementalist reforms aimed at softening the environment of solitary confinement may actually serve to increase the strain and stress experienced by people confined to and working within them. Even the most well-intentioned reforms, like those attempted by the Washington DOC, should be scrutinized in order to determine if they are producing the desired outcomes, or instead, reproducing a different, but nonetheless damaging set of harms to people imprisoned in solitary confinement. Further, even well-intentioned reforms are often stymied by the underlying ...
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In: Justice, power, and politics
"This volume considers the interconnection of racial oppression in the U.S. South and West, presenting thirteen case studies that explore the ways in which people have been caged and incarcerated, and what these practices tell us about state building, coercive legal powers, and national sovereignty. As these studies depict the institutional development and state scaffolding of overlapping carceral regimes, they also consider how prisoners and immigrants resisted such oppression and violence by drawing on the transnational politics of human rights and liberation, transcending the isolation of incarceration and the boundaries of domestic law"--