Solitary Confinement: The Law Today and the Way Forward

Solitary
Confinement:
The Law Today
and the Way
Forward

Cockrell, John F., “Solitary Confinement: The Law Today and the Way Forward.” Law & Psychology Review Vol. 37 (2013): 211.

 

“This note examines the practice of solitary confinement in modern 'supermaximum' security prisons in the United States. It argues that solitary confinement is a harsh punishment that should not exist in its current form. It discusses the various legal challenges that inmates have attempted, though with marginal success at best. This note then examines the Constitutional status of solitary confinement, arguing that the bar for successfully bringing Constitutional challenges is too high to allow any truly impactful changes to take place. It concludes that suits under the Americans with Disabilities Act would create meaningful change in prisons.”

 

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Keywords: supermax, super-max, litigation, ADA, eighth amendment, harmful effects, disability, mental health, mental illness