Understanding Solitary Confinement: Why It Is Not Considered Torture
There is a widespread and sometimes misleading belief that solitary confinement in the US prison system is a form of torture. While it may be challenging, prolonged solitary confinement is not considered torture and is not subject to the same prohibitions under the Eighth Amendment. In this article, we will explore the nature of solitary confinement, its purpose, and why it is not defined as torture.
Myths Surrounding Solitary Confinement
One of the most prevalent myths is that solitary confinement means being alone in a cell with no amenities or human contact. However, the reality is much more nuanced. In many prisons, particularly in states like California, solitary confinement involves specific living conditions that differ significantly from the traditional perception of this practice.
Living Conditions in Solitary Confinement
Take, for instance, the conditions in Corcoran SHU. Inmates are placed in a cell that does not completely block out all human interaction. They can communicate with other inmates through cracks in the doors and engage in social activities such as watching TV or taking showers at the same time. The cell is not entirely isolated; it includes a barred access to a shower and remains relatively noisy with inmates communicating freely.
Access to Amenities and Activities
Inmates in solitary confinement still have access to a variety of amenities and activities. For example, they can use the prison store, which provides a range of items they can purchase. Visits to the library, participation in non-contact visits with approved visitors, and access to a television are all part of the routine.
Shelter Unit (SHU) at Pelican Bay
A typical SHU cell, like the one at Pelican Bay, includes basic amenities such as a TV and a properly arranged storage space for personal belongings, highlighting the level of care and thought that goes into these settings. The diet might not be luxurious, but it is nothing to fear as inmates have access to a blend of food through the canteen system.
The Eighth Amendment and Solitary Confinement
The Eighth Amendment to the US Constitution prohibits cruel and unusual punishment. This amendment is often cited in discussions about solitary confinement, but its application can be nuanced. Courts have defined solitary confinement in the context of serious crimes and extreme security threats. Cases such as Thomas Silverstein and Jose Padilla have showcased the legal definitions used by courts.
Case Study: Silverstein
Thomas Silverstein, an inmate at Leavenworth, was placed in a multi-room suite due to his extreme security threat level, where he had access to a library, exercise room, and other amenities. This setup was far from complete isolation and was only temporary until he was moved to a different location where he could re-establish contact with other inmates.
Case Study: Jose Padilla
Jose Padilla, who was held in various military jails, was subject to severe solitary confinement before his trial and conviction in 2012. However, even during this period, he was not completely isolated from human contact or assistance, as his habeas corpus was suspended and eventually nullified.
The Legality of Solitary Confinement
Despite the legally recognized distinctions, many prisoners and activists define solitary confinement as a form of punishment rather than a rehabilitative measure. This perception highlights the subjective nature of the term and the emotional impact on those affected by it.
From a legal standpoint, solitary confinement is a tool used in situations where an inmate poses a serious threat to the safety of the prison or other inmates. While it may be harsh, it is not considered torture as it does not meet the legal threshold defined by the Eighth Amendment.
Conclusion
Understanding the nature and purpose of solitary confinement is crucial for dispelling misconceptions and providing a more accurate picture of this practice. Whether used as a form of punishment or as a component of prison security, solitary confinement is subject to strict legal scrutiny and specific guidelines. By examining the actual living conditions and legal definitions, we can better comprehend why this practice is not strictly considered torture in the US prison system.