This document is a student project analyzing the use of solitary confinement. It provides background on the history of solitary confinement dating back to the 1800s. It discusses how solitary confinement is implemented in the US and India, noting that in India the maximum period is 3 months not exceeding 14 days at a time. The document also examines the arguments that solitary confinement is inhumane due to the mental health impacts it can have, but others believe it provides necessary protection. It analyzes several court cases related to challenging solitary confinement as cruel and unusual punishment.
This ppt gives a structured answer as to the elements of crime and its application in the Indian Penal Code (IPC) 1860. It describes how the different sections of IPC are based on the 4 elements of crime i.e. human being, mens rea, actus reus and injury along with cases.
White collar crime is a growing problem in India, as the country has experienced rapid economic and industrial growth. Such crimes include fraud, tax evasion, and corruption, and are often committed by people in high-status positions for financial gain. While laws exist to combat white collar crimes, enforcement is lacking and offenders frequently avoid punishment due to political connections, lack of evidence, and slow legal processes. Strengthening law enforcement agencies, creating specialized courts, imposing stricter penalties, and raising public awareness are some measures recommended to better address white collar crimes in India.
The document discusses concepts of crime and punishment. It defines a crime as an act or omission forbidden by law and punishable by the state after a legal procedure. Two principles of criminal liability are that one must commit a forbidden act and omissions are not liable unless a duty exists. The essential elements of a crime are the guilty act (actus reus) and guilty mind (mens rea). Actus reus includes a human action, resulting injury, and a prohibited act. Mens rea includes intention, motive, knowledge, recklessness, and negligence. A person can be criminally liable for foreseeable consequences of their acts even if indirectly participating. The stages of a crime are intention, preparation, attempt,
This document provides definitions and explanations of key concepts in criminology and penology. It defines penology as the study of crime punishment and prison management. Criminology is defined as the scientific study of crime and efforts by society to control crime. The document outlines the differences between criminology and penology, and describes the four types of penology. It also discusses the sciences involved in criminology and criminalistics.
The document discusses the role and goals of correctional institutions. It describes correctional institutions as any facility operated by a state or political subdivision for confinement or rehabilitation of criminal offenders. The main goals of correctional administration are outlined as rehabilitation, incapacitation, deterrence, denunciation, and retribution. A three-tiered system of pre-care, care, and post-care is employed to rehabilitate prisoners through probation, imprisonment, and assistance after release.
The document defines mens rea as the mental element necessary to constitute criminal liability. Mens rea literally means "guilty mind" and refers to the intention to do a forbidden act. For criminal liability to attach, the prosecution must prove beyond reasonable doubt that the accused had mens rea. Exceptions to the mens rea requirement exist for offenses of public nuisance and those enacted to enforce civil rights. The document further explores key forms of mens rea like intention, recklessness, and negligence and how they are applied under Indian law based on court precedents. General exceptions to mens rea are also discussed relating to accidents, unsoundness of mind, intoxication, and for minors.
This document discusses abetment under the Indian Penal Code. It defines abetment as helping or encouraging someone to do something illegal or wrong. Abetment can occur through instigation, conspiracy, or intentional aid. Instigation involves urging or provoking someone to commit an offense. Conspiracy involves agreeing with others to commit an illegal act. Intentional aid involves knowingly assisting or facilitating the commission of an offense. The document provides examples and explanations of each type of abetment under Indian law.
This ppt gives a structured answer as to the elements of crime and its application in the Indian Penal Code (IPC) 1860. It describes how the different sections of IPC are based on the 4 elements of crime i.e. human being, mens rea, actus reus and injury along with cases.
White collar crime is a growing problem in India, as the country has experienced rapid economic and industrial growth. Such crimes include fraud, tax evasion, and corruption, and are often committed by people in high-status positions for financial gain. While laws exist to combat white collar crimes, enforcement is lacking and offenders frequently avoid punishment due to political connections, lack of evidence, and slow legal processes. Strengthening law enforcement agencies, creating specialized courts, imposing stricter penalties, and raising public awareness are some measures recommended to better address white collar crimes in India.
The document discusses concepts of crime and punishment. It defines a crime as an act or omission forbidden by law and punishable by the state after a legal procedure. Two principles of criminal liability are that one must commit a forbidden act and omissions are not liable unless a duty exists. The essential elements of a crime are the guilty act (actus reus) and guilty mind (mens rea). Actus reus includes a human action, resulting injury, and a prohibited act. Mens rea includes intention, motive, knowledge, recklessness, and negligence. A person can be criminally liable for foreseeable consequences of their acts even if indirectly participating. The stages of a crime are intention, preparation, attempt,
This document provides definitions and explanations of key concepts in criminology and penology. It defines penology as the study of crime punishment and prison management. Criminology is defined as the scientific study of crime and efforts by society to control crime. The document outlines the differences between criminology and penology, and describes the four types of penology. It also discusses the sciences involved in criminology and criminalistics.
The document discusses the role and goals of correctional institutions. It describes correctional institutions as any facility operated by a state or political subdivision for confinement or rehabilitation of criminal offenders. The main goals of correctional administration are outlined as rehabilitation, incapacitation, deterrence, denunciation, and retribution. A three-tiered system of pre-care, care, and post-care is employed to rehabilitate prisoners through probation, imprisonment, and assistance after release.
The document defines mens rea as the mental element necessary to constitute criminal liability. Mens rea literally means "guilty mind" and refers to the intention to do a forbidden act. For criminal liability to attach, the prosecution must prove beyond reasonable doubt that the accused had mens rea. Exceptions to the mens rea requirement exist for offenses of public nuisance and those enacted to enforce civil rights. The document further explores key forms of mens rea like intention, recklessness, and negligence and how they are applied under Indian law based on court precedents. General exceptions to mens rea are also discussed relating to accidents, unsoundness of mind, intoxication, and for minors.
This document discusses abetment under the Indian Penal Code. It defines abetment as helping or encouraging someone to do something illegal or wrong. Abetment can occur through instigation, conspiracy, or intentional aid. Instigation involves urging or provoking someone to commit an offense. Conspiracy involves agreeing with others to commit an illegal act. Intentional aid involves knowingly assisting or facilitating the commission of an offense. The document provides examples and explanations of each type of abetment under Indian law.
The document discusses the processes of investigation and trial of offences in India. It explains that the police register an FIR and conduct investigations upon receiving information about a cognizable offence. The police then files a police report with the statements and evidence collected before the local magistrate. The magistrate can then take cognizance of the case and either discharge the accused or frame charges and set a date to begin the trial and examination of prosecution and defense witnesses. After considering all evidence presented, the magistrate will then deliver a verdict of acquittal or conviction and determine the sentence if the accused is found guilty.
The document discusses the rights of prisoners under the Indian constitution. It outlines that prisoners retain fundamental human rights and are entitled to rights such as the right to life and personal liberty, right to legal aid and a speedy trial, right to privacy, health and medical treatment, right against inhuman treatment, and right to education. It notes several important court cases that have upheld these rights of prisoners. The document concludes that prisoners should not be victimized and should be provided a rehabilitative environment respecting their human dignity.
Is capital punishment appropriate in india.gagan deep
Capital punishment, or the death penalty, remains a controversial issue in India. While India retains capital punishment for serious crimes like murder, it is only used in the "rarest of rare" cases as determined by the Supreme Court. Arguments for retaining capital punishment include that it acts as a deterrent against serious crimes and is necessary to eliminate dangerous criminals. However, others argue that capital punishment should be abolished as it is a form of judicial murder if an innocent person is executed, and that life imprisonment allowing criminals to reform themselves and support victim families is a better alternative. There are ongoing debates around ensuring fair trials and protecting human rights for those sentenced to death. The appropriate use and potential abolition of capital punishment continues to be discussed in India
This document discusses the key concepts of tort law. It begins by defining a tort as a civil wrong under law that is not exclusively a breach of contract. It notes torts originate from breaches of duties imposed by law and are redressable by unliquidated damages claims. The document outlines different categories of torts impacting persons, families, reputation, property and economic rights. It examines important tort law principles like duty of care, function of torts to shift loss, and defenses like act of God. Overall, the document provides a high-level overview of the origins and principles of the law of torts.
The Code of Criminal Procedure, 1973 is the procedural law providing the machinery for punishment of offenders under substantive criminal law.
The code contains elaborate details about the procedure to be followed in every investigation, inquiry and trial, for every offence under the IPC or any other law.
This document summarizes the history and development of victim compensation in India. It discusses how ancient societies required offenders to reimburse victims but the focus was on protecting offenders, not rehabilitating victims. Over time, compensation became a victim's civil right. The Code of Criminal Procedure introduced provisions for victim compensation through court fines and state schemes. Section 357A obligates states to establish victim compensation schemes, defining the role of District Legal Services Authorities in awarding compensation. The document outlines eligibility and provisions under Delhi's Victim Compensation Scheme 2018, including interim relief for acid attack victims and funds from donations.
The document discusses the history and philosophy of probation. It begins by defining probation as a period of supervision over an offender ordered by the court as an alternative to prison time. The document then discusses the origins and development of probation in the US and UK dating back to the 19th century. It provides details on key acts and developments that established probation systems and the role of probation officers in both countries over time.
Parole is the conditional release of a prisoner before the end of their sentence, allowing them to serve the remainder of the sentence outside of prison but under supervision. It aims to help rehabilitate prisoners and ease their transition back into society. To be eligible for parole, a prisoner must have served a portion of their sentence, usually a third to a half, and be deemed low risk. While on parole, the released prisoner remains under the supervision of parole authorities. Parole can be revoked if conditions are violated. The goals of parole are rehabilitation of the offender and protection of society.
This document discusses different types of deviances in society, including official deviance by bureaucrats, judges, and legislators; professional deviance by lawyers, teachers, doctors, and journalists; police deviance; landlord deviance; deviance in the electoral process; gender-based aggression; and trade union deviance. It provides examples for each type, such as bureaucrats accepting bribes, judges being influenced by money or politics, legislators exchanging favors for donations, and doctors performing unnecessary procedures for profit.
The document discusses the law on arrest in India according to the Code of Criminal Procedure (CrPC). It defines arrest and differentiates it from custody. It outlines the types of arrest that can be made with or without a warrant by police officers, magistrates or private persons. It also describes the rights of arrested persons and important Supreme Court judgements related to arrest procedures and compliance with legal safeguards.
This document discusses white collar crime, including definitions, types, notable cases, and issues related to white collar crime in India. It begins by defining white collar crime as financially motivated, nonviolent crimes committed by businesses and professionals. It then discusses Sutherland's definition and provides examples of types of white collar crimes such as fraud, bribery, and embezzlement. Notable cases discussed include Charles Ponzi's Ponzi scheme, Bernie Madoff's fraud, and the Enron scandal. The document also examines causes of white collar crime in India such as corruption, tax evasion, adulteration of goods, and profiteering.
White collar crimes are non-violent crimes committed by high-status individuals for financial gain. Edwin Sutherland, the "father of white collar crime," defined it as crimes committed by respectable people in the course of their occupation. White collar crimes include fraud, embezzlement, insider trading, tax evasion, and other offenses that involve deception. They cause significant harm to society through financial losses, unsafe products, pollution, and an attitude of being above the law. Common in India due to its fast-growing economy, white collar crimes are addressed through laws like the Prevention of Money Laundering Act and the Indian Penal Code. Education and awareness of these crimes is needed to deter their growth.
jurisprudence topic possession detailed ppt which help to learn this topic easily by a minimum time by any person who study law. person easily download this ppt to read and to teach also.
The objective of the seminar paper is to introduce the students to a holistic understanding of crime. PSDA in this seminar paper will include seminar presentation, debates and group discussions, critical review of existing laws in India and a comparison with
other countries. The paper seeks to explore the possible practical applications of the various theories that have been formulated so far. It will also require the students to look up the international cases where these theories have been applied. The students who opt for this paper will also visit the prisons/ juvenile homes/ juvenile courts / rehabilitation centre etc. and make an assessment of the current situation.
This document discusses sentencing policy in India. It begins by defining the criminal justice system and its goals of punishing criminals, rehabilitating offenders, and supporting victims. It then explains that sentencing occurs after a determination of guilt. The document outlines the differences between sentencing and punishment, and the significance of sentencing policy in ensuring just and proportional punishments. It discusses the goals of sentencing policy in India, the types of sentences, factors considered in sentencing, and the roles and powers of lower courts, high courts, and the Supreme Court in sentencing.
This document discusses white collar crime. It defines white collar crime as financially motivated nonviolent crimes committed for illegal monetary gain. Some examples of white collar crimes provided include securities fraud, embezzlement, corporate fraud, and money laundering. The document then lists and describes 25 specific types of white collar crimes. It discusses characteristics of white collar crimes such as their nonviolent nature and abuse of power and position. The conclusion summarizes that sociologist Edwin Sutherland first coined the term "white collar crime" and discusses how the definition has evolved over time.
The document discusses prison reforms in India. It provides background on the origins of prisons in India under British rule and the various committees that have recommended reforms, including emphasizing rehabilitation over punishment and ensuring humane treatment of prisoners. It outlines key acts like the Prisons Act of 1894 and recommendations of committees like separating juveniles, training staff, and improving living conditions in prisons. However, comprehensive reforms to update the outdated legal framework have yet to be fully implemented.
This document categorizes and defines different types of crimes. It discusses crimes against person such as murder, manslaughter, rape and assault. Crimes against property include burglary, theft, and arson. Crimes against morality are defined as prostitution, gambling and illegal drugs. Organized crimes involve arms smuggling and money laundering. White collar crimes are discussed as bribery, embezzlement, and forgery.
Solitary confinement is a punishment used in prison systems where inmates are isolated from the general population and have little contact with others. It is used both to protect inmates and as punishment for breaking rules. However, long term solitary confinement of over 20 hours per day for years has psychological effects and is considered inhumane by some. There are two types - disciplinary for short periods as punishment and administrative for indefinite periods for high risk inmates. Administrative solitary can last months or years and has been found to cause mental and physical harm, especially for those with preexisting conditions.
\\jciprod01\productn\H\HLL\52-1\HLL107.txt unknown Seq: 1 17-MAR-15 10:42
POLICY ESSAY
TOWARD A MORE CONSTITUTIONAL
APPROACH TO SOLITARY CONFINEMENT:
THE CASE FOR REFORM
REPRESENTATIVE CEDRIC RICHMOND
1
The past forty years have brought significant growth in the use of segregation in
penal settings. Prison officials maintain that segregation is an effective tool to
manage dangerous or vulnerable prisoners, but research has demonstrated that
it is being utilized more and more as a commonplace disciplinary tool, deployed
and withdrawn at the discretion of prison and jail management. Researchers
have demonstrated that there are very real human and fiscal costs related to the
segregation of prisoners in isolated settings. The Supreme Court has yet to con-
clude that the use of solitary confinement for prolonged periods is unconstitu-
tional, but evidence suggests that under certain conditions prisoners may
experience such extreme anguish and injury so as to pose a serious inquiry as to
whether cruel and unusual punishment has taken place. Policymakers need to
act to promote more uniform standards for solitary confinement that more
closely comply with the U.S. Constitution. Congress will have a role in promot-
ing reforms to the use of segregation practices in the federal prison system,
administered by the Department of Justice’s Bureau of Prisons. A comprehen-
sive, top down approach is likely unworkable due to federalism implications, but
the federal government is uniquely positioned to work with stakeholders in the
states to reform practices in local prison systems.
I. INTRODUCTION
There is no question that inmates must pay their debts to society, but
justice demands that we extract these payments only within the limits of our
Constitution and accepted standards of human decency. The rising preva-
lence of solitary confinement as an administrative tool for public and private
penitentiaries has also led to a rise in harrowing stories by inmates subjected
to a psychological, emotional, and oftentimes physical hell. Most disturb-
ingly, many of these prisoners are placed in solitary confinement for a pro-
longed or indefinite period of time. This prevalence requires us to reevaluate
whether this practice remains respectful of our laws and values.
This article will address whether the practice of prolonged or indefinite
solitary confinement by prisons should be considered cruel and unusual pun-
ishment under the Eighth Amendment, and whether it violates the due pro-
cess rights of prisoners under the Fourteenth Amendment. It then explores
policy rationales and ideas for addressing this issue.
1 Congressman Cedric L. Richmond represents Louisiana’s 2nd Congressional District in
the United States House of Representatives. He currently serves on the House Committee on
Homeland Security and the House Committee on the Judiciary.
\\jciprod01\productn\H\HLL\52-1\HLL107.txt unknown Seq: 2 17-MAR-15 10:42
2 Harvard Journal on Legislation [Vol. ...
The document discusses the processes of investigation and trial of offences in India. It explains that the police register an FIR and conduct investigations upon receiving information about a cognizable offence. The police then files a police report with the statements and evidence collected before the local magistrate. The magistrate can then take cognizance of the case and either discharge the accused or frame charges and set a date to begin the trial and examination of prosecution and defense witnesses. After considering all evidence presented, the magistrate will then deliver a verdict of acquittal or conviction and determine the sentence if the accused is found guilty.
The document discusses the rights of prisoners under the Indian constitution. It outlines that prisoners retain fundamental human rights and are entitled to rights such as the right to life and personal liberty, right to legal aid and a speedy trial, right to privacy, health and medical treatment, right against inhuman treatment, and right to education. It notes several important court cases that have upheld these rights of prisoners. The document concludes that prisoners should not be victimized and should be provided a rehabilitative environment respecting their human dignity.
Is capital punishment appropriate in india.gagan deep
Capital punishment, or the death penalty, remains a controversial issue in India. While India retains capital punishment for serious crimes like murder, it is only used in the "rarest of rare" cases as determined by the Supreme Court. Arguments for retaining capital punishment include that it acts as a deterrent against serious crimes and is necessary to eliminate dangerous criminals. However, others argue that capital punishment should be abolished as it is a form of judicial murder if an innocent person is executed, and that life imprisonment allowing criminals to reform themselves and support victim families is a better alternative. There are ongoing debates around ensuring fair trials and protecting human rights for those sentenced to death. The appropriate use and potential abolition of capital punishment continues to be discussed in India
This document discusses the key concepts of tort law. It begins by defining a tort as a civil wrong under law that is not exclusively a breach of contract. It notes torts originate from breaches of duties imposed by law and are redressable by unliquidated damages claims. The document outlines different categories of torts impacting persons, families, reputation, property and economic rights. It examines important tort law principles like duty of care, function of torts to shift loss, and defenses like act of God. Overall, the document provides a high-level overview of the origins and principles of the law of torts.
The Code of Criminal Procedure, 1973 is the procedural law providing the machinery for punishment of offenders under substantive criminal law.
The code contains elaborate details about the procedure to be followed in every investigation, inquiry and trial, for every offence under the IPC or any other law.
This document summarizes the history and development of victim compensation in India. It discusses how ancient societies required offenders to reimburse victims but the focus was on protecting offenders, not rehabilitating victims. Over time, compensation became a victim's civil right. The Code of Criminal Procedure introduced provisions for victim compensation through court fines and state schemes. Section 357A obligates states to establish victim compensation schemes, defining the role of District Legal Services Authorities in awarding compensation. The document outlines eligibility and provisions under Delhi's Victim Compensation Scheme 2018, including interim relief for acid attack victims and funds from donations.
The document discusses the history and philosophy of probation. It begins by defining probation as a period of supervision over an offender ordered by the court as an alternative to prison time. The document then discusses the origins and development of probation in the US and UK dating back to the 19th century. It provides details on key acts and developments that established probation systems and the role of probation officers in both countries over time.
Parole is the conditional release of a prisoner before the end of their sentence, allowing them to serve the remainder of the sentence outside of prison but under supervision. It aims to help rehabilitate prisoners and ease their transition back into society. To be eligible for parole, a prisoner must have served a portion of their sentence, usually a third to a half, and be deemed low risk. While on parole, the released prisoner remains under the supervision of parole authorities. Parole can be revoked if conditions are violated. The goals of parole are rehabilitation of the offender and protection of society.
This document discusses different types of deviances in society, including official deviance by bureaucrats, judges, and legislators; professional deviance by lawyers, teachers, doctors, and journalists; police deviance; landlord deviance; deviance in the electoral process; gender-based aggression; and trade union deviance. It provides examples for each type, such as bureaucrats accepting bribes, judges being influenced by money or politics, legislators exchanging favors for donations, and doctors performing unnecessary procedures for profit.
The document discusses the law on arrest in India according to the Code of Criminal Procedure (CrPC). It defines arrest and differentiates it from custody. It outlines the types of arrest that can be made with or without a warrant by police officers, magistrates or private persons. It also describes the rights of arrested persons and important Supreme Court judgements related to arrest procedures and compliance with legal safeguards.
This document discusses white collar crime, including definitions, types, notable cases, and issues related to white collar crime in India. It begins by defining white collar crime as financially motivated, nonviolent crimes committed by businesses and professionals. It then discusses Sutherland's definition and provides examples of types of white collar crimes such as fraud, bribery, and embezzlement. Notable cases discussed include Charles Ponzi's Ponzi scheme, Bernie Madoff's fraud, and the Enron scandal. The document also examines causes of white collar crime in India such as corruption, tax evasion, adulteration of goods, and profiteering.
White collar crimes are non-violent crimes committed by high-status individuals for financial gain. Edwin Sutherland, the "father of white collar crime," defined it as crimes committed by respectable people in the course of their occupation. White collar crimes include fraud, embezzlement, insider trading, tax evasion, and other offenses that involve deception. They cause significant harm to society through financial losses, unsafe products, pollution, and an attitude of being above the law. Common in India due to its fast-growing economy, white collar crimes are addressed through laws like the Prevention of Money Laundering Act and the Indian Penal Code. Education and awareness of these crimes is needed to deter their growth.
jurisprudence topic possession detailed ppt which help to learn this topic easily by a minimum time by any person who study law. person easily download this ppt to read and to teach also.
The objective of the seminar paper is to introduce the students to a holistic understanding of crime. PSDA in this seminar paper will include seminar presentation, debates and group discussions, critical review of existing laws in India and a comparison with
other countries. The paper seeks to explore the possible practical applications of the various theories that have been formulated so far. It will also require the students to look up the international cases where these theories have been applied. The students who opt for this paper will also visit the prisons/ juvenile homes/ juvenile courts / rehabilitation centre etc. and make an assessment of the current situation.
This document discusses sentencing policy in India. It begins by defining the criminal justice system and its goals of punishing criminals, rehabilitating offenders, and supporting victims. It then explains that sentencing occurs after a determination of guilt. The document outlines the differences between sentencing and punishment, and the significance of sentencing policy in ensuring just and proportional punishments. It discusses the goals of sentencing policy in India, the types of sentences, factors considered in sentencing, and the roles and powers of lower courts, high courts, and the Supreme Court in sentencing.
This document discusses white collar crime. It defines white collar crime as financially motivated nonviolent crimes committed for illegal monetary gain. Some examples of white collar crimes provided include securities fraud, embezzlement, corporate fraud, and money laundering. The document then lists and describes 25 specific types of white collar crimes. It discusses characteristics of white collar crimes such as their nonviolent nature and abuse of power and position. The conclusion summarizes that sociologist Edwin Sutherland first coined the term "white collar crime" and discusses how the definition has evolved over time.
The document discusses prison reforms in India. It provides background on the origins of prisons in India under British rule and the various committees that have recommended reforms, including emphasizing rehabilitation over punishment and ensuring humane treatment of prisoners. It outlines key acts like the Prisons Act of 1894 and recommendations of committees like separating juveniles, training staff, and improving living conditions in prisons. However, comprehensive reforms to update the outdated legal framework have yet to be fully implemented.
This document categorizes and defines different types of crimes. It discusses crimes against person such as murder, manslaughter, rape and assault. Crimes against property include burglary, theft, and arson. Crimes against morality are defined as prostitution, gambling and illegal drugs. Organized crimes involve arms smuggling and money laundering. White collar crimes are discussed as bribery, embezzlement, and forgery.
Solitary confinement is a punishment used in prison systems where inmates are isolated from the general population and have little contact with others. It is used both to protect inmates and as punishment for breaking rules. However, long term solitary confinement of over 20 hours per day for years has psychological effects and is considered inhumane by some. There are two types - disciplinary for short periods as punishment and administrative for indefinite periods for high risk inmates. Administrative solitary can last months or years and has been found to cause mental and physical harm, especially for those with preexisting conditions.
\\jciprod01\productn\H\HLL\52-1\HLL107.txt unknown Seq: 1 17-MAR-15 10:42
POLICY ESSAY
TOWARD A MORE CONSTITUTIONAL
APPROACH TO SOLITARY CONFINEMENT:
THE CASE FOR REFORM
REPRESENTATIVE CEDRIC RICHMOND
1
The past forty years have brought significant growth in the use of segregation in
penal settings. Prison officials maintain that segregation is an effective tool to
manage dangerous or vulnerable prisoners, but research has demonstrated that
it is being utilized more and more as a commonplace disciplinary tool, deployed
and withdrawn at the discretion of prison and jail management. Researchers
have demonstrated that there are very real human and fiscal costs related to the
segregation of prisoners in isolated settings. The Supreme Court has yet to con-
clude that the use of solitary confinement for prolonged periods is unconstitu-
tional, but evidence suggests that under certain conditions prisoners may
experience such extreme anguish and injury so as to pose a serious inquiry as to
whether cruel and unusual punishment has taken place. Policymakers need to
act to promote more uniform standards for solitary confinement that more
closely comply with the U.S. Constitution. Congress will have a role in promot-
ing reforms to the use of segregation practices in the federal prison system,
administered by the Department of Justice’s Bureau of Prisons. A comprehen-
sive, top down approach is likely unworkable due to federalism implications, but
the federal government is uniquely positioned to work with stakeholders in the
states to reform practices in local prison systems.
I. INTRODUCTION
There is no question that inmates must pay their debts to society, but
justice demands that we extract these payments only within the limits of our
Constitution and accepted standards of human decency. The rising preva-
lence of solitary confinement as an administrative tool for public and private
penitentiaries has also led to a rise in harrowing stories by inmates subjected
to a psychological, emotional, and oftentimes physical hell. Most disturb-
ingly, many of these prisoners are placed in solitary confinement for a pro-
longed or indefinite period of time. This prevalence requires us to reevaluate
whether this practice remains respectful of our laws and values.
This article will address whether the practice of prolonged or indefinite
solitary confinement by prisons should be considered cruel and unusual pun-
ishment under the Eighth Amendment, and whether it violates the due pro-
cess rights of prisoners under the Fourteenth Amendment. It then explores
policy rationales and ideas for addressing this issue.
1 Congressman Cedric L. Richmond represents Louisiana’s 2nd Congressional District in
the United States House of Representatives. He currently serves on the House Committee on
Homeland Security and the House Committee on the Judiciary.
\\jciprod01\productn\H\HLL\52-1\HLL107.txt unknown Seq: 2 17-MAR-15 10:42
2 Harvard Journal on Legislation [Vol. ...
1) The document discusses the overuse of solitary confinement in US prisons. It notes that around 80,000 of the over 2 million incarcerated individuals are held in solitary confinement, often for minor infractions.
2) Extended periods of solitary confinement have been found to cause lasting psychological harm to prisoners. It can lead to increased violence and mental deterioration as isolation is a form of psychological torture.
3) While originally intended to promote rehabilitation, solitary confinement undermines this goal and instead leaves prisoners in an unsocialized and often mentally disturbed state upon their release.
The document discusses prison rules and open prisons. It provides details on:
1) Prison rules that govern the administration of prisons and treatment of inmates, including requirements for record keeping, segregation of inmates, living conditions, medical care, and visitation.
2) The concept of open prisons, which aim to rehabilitate inmates through reduced security, work programs, and preparation for release.
3) The definition and origins of open prisons, tracing their development from England in the early 20th century to promote rehabilitation over punishment.
DETENTION is the part of corrections that takes place before.docxkhenry4
DETENTION: is the part of corrections that takes place before trial and the jail is the entry
point into the correctional system. The Jail is the oldest correctional facility. The local or
county sheriff typically operates it. American jails today are quite diversified. They may be
small, large, rural or urban; some are one-tiered, multi-tiered, with all sorts of custody levels.
REGIONAL JAIL is a facility operated under a joint agreement by two or more government
units with a jail board made up of representatives from participating jurisdictions. The jail board
has the authority over policy, budget, operations, and personnel.
LOCKUP is a holding cell that is usually in or adjacent to a police station. A lockup is only
used for temporary housing only; 24 hours or less and pending a transfer to another facility or
release.
PATHS THROUGH THE JAIL
1. Arrest and booking procedures
2. Placement in an individual cell or group holding area ("bullpen")
3. Arraignment and other court action
4. Classification: formal process used to manage the inmate population. It is a method
which objective, consistent decisions are made for inmate housing, treatment needs, work
assignments, and programs.
5. Housing Assignment: after the classification process, an inmate is assigned to a
particular housing area. This housing area, or living space, will be minimum, medium, or
maximum custody. An inmate may also be housed on administrative segregation. A
review of the inmate's current charge/conviction(s), past criminal record, history of
assaultiveness/violence, mental health, medical screening, substance abuse histories, and
other personal data, will determine his custody level. The more dangerous and risk an
inmate is, the higher the custody level. For example, minimum custody is for those
inmates who pose the least security and safety risk to the institution and other persons.
Maximum custody inmates are those that pose a high security and safety risk to the
institution and others.
6. Administrative segregation: special housing for those inmates who:
a. Cannot get along with other inmates in the general population
b. Continually violate the rules of the jail
c. Are extremely violent or dangerous and pose an extreme safety and serious threat
to the operation of the facility
d. Require protective custody
7. Protective Custody: Involves the separation from the general population of those
inmates requiring or requesting protection from other inmates for safety reasons.
8. Programs: various programs and recreation are available for inmates in a jail. Examples
include: educational, religious, G.E.D., Life Skills, Visitation of Friends/Relatives,
Health Classes, Work Force/Trusty, and Drug Education.
9. Release from custody or transfer to another facility
JAIL DESIGNS/TYPES
1. First-generation: these are the oldest types; often featured multi-person cells arranged
in long .
250 words each QuestionQuestion 1. Fundamentally jails and pr.docxvickeryr87
Jails and prisons differ in their purpose and populations. Jails house individuals awaiting trial or serving short sentences locally, dealing with a transient population. Prisons incarcerate individuals convicted of state or federal crimes requiring longer sentences. While jails focus on transporting inmates to court, prisons emphasize rehabilitation through education and counseling programs due to longer incarceration periods. Both aim to prevent crime through punishment and rehabilitation.
269
Chapter 10
CORRECTIONAL PSYCHOLOGY
Correctional psychology is the application of psychological theory and
research to the correctional system (Clements et al., 2007; Magaletta,
Patry, Dietz, & Ax, 2007). We begin this chapter with overviews of the
structure of the correctional system and the history of correctional psy-
chology in the United States. Next, we discuss in greater detail two of the
most important topics in correctional psychology: offender assessment and
management. The selection, training, and support of correctional staff are
covered in Chapter 9 .
In this chapter, you will become familiar with:
The structure of the correctional system in the United States
T he practice of correctional psychology and how it has changed
over time
The importance of risk assessment and risk management in correc-
tional psychology
The major approaches to risk assessment and risk management, as
well as some specifi c examples of risk assessment instruments and
correctional treatment programs
•
•
•
•
CHAPTER OBJECTIVES
Suppose you are a judge trying to determine the proper sentence for the fol-
lowing case: white male, divorced, about 36 years old. Will plead no contest to
drug-related offenses after being found intoxicated in violation of the conditions
of probation. History of polysubstance abuse, including cocaine and heroin,
since the age of about 8 years old. A penchant for self-destructive behavior—in
the offender’s own words, “It’s like I have a loaded gun in my mouth and my
CASE STUDY
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EBSCO Publishing : eBook Collection (EBSCOhost) - printed on 6/7/2020 3:11 PM via STRAYER UNIVERSITY
AN: 309009 ; Roesch, Ronald, Hart, Stephen D., Zapf, Patricia A..; Forensic Psychology and Law
Account: strayer.main.eds-live
270 Correctional Psychology
fi nger’s on the trigger, and I like the taste of the gunmetal.”1 Substance abuse has
caused serious family and employment problems, including divorce and inability
to get steady work. Numerous arrests for drug-related offenses including driving,
carrying a handgun, and housebreaking while intoxicated. Multiple incarcerations,
with sentences ranging up to three years. Repeated failure on community super-
vision, including probation and parole violations, some stemming from refusal to
provide or failure of court-ordered drug tests. Repeated attempts at substance use
treatment, including community-based programs and more than a year spent in a
correctional treatment facility, invariably followed by re.
1. Discuss the prison subculture for inmates and correction.docxdurantheseldine
1. Discuss the prison subculture for inmates and
correctional officers.
2. Compare importation theory with exportation theory.
3. Identify different aspects of prison culture that explain
how offenders and officers view the world around them.
4. Discuss how professionalization and the diversification
of correctional staff have impacted the prison subculture.
5. Discuss the impact that prison gangs have had
on prisons, including the traditional prison subculture.
6. Identify the 13 gangs listed in this chapter as the
primary prison gangs in the United States.
7. Explain what prison systems do to control gang
problems that occur in their facilities.
10ch
ap
te
r
Prison
Subculture
and Prison
Gang
Influence
LEARNING OBJECTIVES:
236 Introduction to Corrections
I will stand by my brother
My brother will come before all others
My life is forfeit should I fail my brother
I will honor my brother in peace as in war
Aryan Brotherhood Oath
INTRODUCTION
This chapter provides students with a very unique aspect of the world of corrections. Students will learn that
within the institutional environment, there is a commonality of experiences that arise between those who are
involved; this is true for both inmates and staff. Indeed, many people may not be aware that, in fact, the mind
and the world of the inmate often affect the mind-set of security personnel who work with the inmate. In
essence, there is an exchange of beliefs and perspectives that often come together to produce a unique fusion
between the two groups. This exchange of beliefs creates a unique subculture that is the product of both
inmate norms being brought in from the outside and those taken from the prison to the outside community.
It is important for students to understand that prison staff are not immune to the effects of the
profound social learning that occurs, and, over time, as they become more enmeshed in the prison social
setting, they begin to internalize many of the beliefs and norms held by the prison subculture. While this
may seem to be counterproductive and/or even backward from what one might wish within the prison
environment, this is an inevitable process as prison staff find themselves interacting with the street men-
tality on a day-to-day basis. In actuality, this is a maturing of correctional workers as they begin to see a
world that is not necessarily black and white but instead has many shades of gray. Issues become more
complicated than being simple “good guy and bad guy” situations as correctional workers work with
offenders on a personal level. The nuances and differences between different offenders tend to complicate
what initially might seem like simple decisions.
Because correctional staff interact with these offenders on a daily basis, a sense of understanding
develops both among correctional staff and between staff and the inmate population. Inmates come to expect
certain reactions from correct.
American prisoners are being mistreated through lack of medical care and unsanitary living conditions. Several lawsuits have been filed on behalf of prisoners regarding these issues. Prisons are spending more money than ever but failing to address basic needs like sanitation and healthcare. Prolonged exposure to these conditions has negative physical and mental health effects on prisoners and inhibits rehabilitation. Reform is needed to improve conditions and prioritize prisoner well-being.
The document provides information about Avinash's visit to Tihar Jail in Delhi, India. It discusses the organizational structure and operations of Tihar Jail, including its 9 jail facilities that house different types of prisoners, educational and vocational programs, and production units. It notes the jail's population was 10,856 as of December 31, 2010, with overcrowding being an ongoing issue. The document aims to give insight into how the largest jail in India functions.
1) Crime and punishment have evolved throughout history as governments and philosophies have changed. Different theories on criminology have attempted to understand and prevent crime.
2) The US criminal justice system involves law enforcement, courts, and punishment. It uses a jury system and separates powers to prevent authoritarian rule.
3) There are different types of prisons in the US based on security level that house inmates depending on their crimes. Faith-based and vocational programs aim to reduce recidivism but have not shown significant impacts so far.
Basics of Research Methods for Criminal Justice and Criminology.docxJASS44
Basics of Research Methods for Criminal Justice and Criminology
(Maxfield & Babbie, 2016)
The Stanford Prison Experiment
Few people would disagree that prisons are dehumanizing. Inmates forfeit freedom, of course, but their incarceration also results in a loss of privacy and individual identity. Violence is among the realities of prison life that people point to as evidence of the failure of prisons to rehabilitate inmates.
Although the problems of prisons have many sources, psychologists Craig Haney, Curtis Banks, and Philip Zimbardo (1973) were interested in two general explanations. The first was the dispositional hypothesis—prisons are brutal and dehumanizing because of the types of people who run them and are incarcerated in them. Inmates have demonstrated their disrespect for legal order and their willingness to use deceit and violence; persons who work as prison guards may be disproportionately authoritarian and sadistic. The second was the situational hypothesis—the prison environment itself creates brutal, dehumanizing conditions independent of the kinds of people who live and work in the institutions.
Haney and associates set out to test the situational hypothesis by creating a functional prison simulation in which healthy, psychologically nor- mal male college students were assigned to roles as prisoners and guards. The “prison” was constructed in the basement of a psychology department building: three 6x9-foot “cells” furnished with only a cot, a prison “yard” in a corridor, and a 2x7-foot “solitary confinement cell.” Twenty-one subjects were selected from 75 volunteers after screening to eliminate those with physical or psychological problems. Offered $15 per day for their participation, the 21 subjects were randomly assigned to be either guards or prisoners.
All subjects signed contracts that included instructions about prisoner and guard roles for the planned two-week experiment. “Prisoners” were told that they would be confined and under surveillance throughout the experiment, and their civil rights would be suspended; they were, how- ever, guaranteed that they would not be physically abused.
“Guards” were given minimal instructions, most notably that physical aggression or physical punishment of “prisoners” was prohibited. Together with a “warden,” however, they were generally free to develop prison rules and procedures. The researchers planned to study how both guards and prisoners reacted to their roles, but guards were led to believe that the purpose of the experiment was to study prisoners.
If you had been a prisoner in this experiment, you would have experienced something like the following after signing your contract: First, you would have been arrested without notice at your home by a real police officer, perhaps with neighbors looking on. After being searched and taken to the police station in handcuffs, you would have been booked, fingerprinted, and placed in a police detention facility. Next, you would have b ...
This presentation tries to explain why does state punish and capital punishment in India and the world, explaining the steps involved to ensure death penalty to the guilty. There is also comparison of sentiments of people across regions regarding capital punishment.
250 words agree or disagree to each questionsQuestion 1..docxvickeryr87
250 words agree or disagree to each questions
Question 1.
Currently, the United States has an estimated 2.3 million people incarcerated which is the largest prison population. With some of these inmates serving life sentences, they eventually become elderly. Compared to the peers outside of prison walls at the same age, they will endure the same ailments and disabilities. Managing healthcare is becoming an ever-increasing concern in these facilities nationwide. Elderly inmates according to the National Institute of Corrections is those of a chronological age of fifty years or older. As time grows, the population of elderly inmates are increasing, as of 2010, 13% of inmates in our prison system were over 55 years old, (Story, 2011). Over the next 20 years, the elderly that are incarcerated is steadily becoming the fastest growing prisoner group. By 2030, the population of elderly inmates over 55 years old and is predicted to be at 1.6 million which will be one third of the entire prison population in the United States. Additionally, studies found that incarceration can age an inmate on an average of 11.5 years. As opposed to younger inmates, the elderly will require special needs such as medical attention, special diets, nurses, and medication. It has been estimated that housing costs for an elderly offender can amount up to $70,000 annually, three times the costs to house a younger offender, Mcbride, 2012). The Federal Bureau of Prisons reported that the cost of healthcare of inmates rose 29 percent from fiscal year 2009 to 2013. In 2009, 854 million dollars was spent on healthcare with a 5.5-billion-dollar budget which was 16 percent. In 2013, the healthcare cost rose to 1.1 billion with a 6.5-billion-dollar budget which was 17 percent. While the BOP states that it cannot determine the specific medical costs associated with individual inmates, we found that aging inmates, as a group, are more expensive to incarcerate than younger inmates, primarily due to their medical needs, (oig.justice.gov, 2016).
As we seen the costs of housing elderly inmates is on the rise. On approach could be to implement special housing units for the elderly without incarcerating them into regular jail or prison facilities. Hospice units could also be implemented for those suffering from life ending situations. If an individual does not pose a threat to the public a compassionate or conditional release could be another option for elderly inmates. These releases could include probation, parole, and immediate sanctions. The welfare of the elderly inmate should be a focus while still punishing them. As a human, we have our rights, even prisoners. Prisoners that are elderly should be treated with dignity. Any disabilities or ailments that the inmate might have should be treated appropriately. If the inmate needs hospice, it should be provided. If the inmate is no longer a threat to the general public, they should be released either with conditions, or compassion. U.
This document provides an introductory chapter on parole and probation. It begins with an introduction on the development of correctional methods for criminals beyond just punishment. It then discusses the methodology, limitations, and significance of the research. The chapter outlines that subsequent chapters will cover the concept of parole and probation, relevant laws in Bangladesh, practices in Bangladesh, case studies, and conclusions. It provides definitions and objectives of parole and probation. Parole aims to rehabilitate and reintegrate offenders while they serve their sentences. Probation allows offenders to serve their sentences conditionally in the community under supervision rather than imprisonment.
Parole: Definition, Objectives, Conditions and Social Implicationtanmay mondal
This document provides an outline for a course on criminology that includes a section on parole. It defines parole as the temporary release of a prisoner from custody before their full sentence is served, under certain conditions. The document discusses the types of parole release, the objectives of parole in rehabilitating prisoners and protecting the community, the conditions parolees must follow, and the duties of parole officers in supervising parolees. It also examines the social implications of parole in attempting to reintegrate ex-prisoners back into society under supervision.
The document discusses different aspects of behavioral definitions of punishment, including positive and negative punishment. It provides examples of punishment in various settings and discusses guidelines for effective use of punishment in behavior intervention plans. It also identifies legal and ethical issues for behavior analysts to consider. Punishment is defined as any stimulus change that reduces a behavior's future frequency. The document also discusses the difference between punishment and corporal punishment, and how negative punishment involves removing a desirable stimulus after an undesired behavior.
This document provides a summary of the history and development of prisons and jails in the United States. It discusses how William Penn's "Great Law" in 1682 envisioned prisons as workhouses rather than using corporal punishment. It also describes the Pennsylvania and New York prison systems in the early 19th century that experimented with solitary confinement approaches. More recent reforms have focused on rehabilitation through behavior-based early release programs. The document also outlines the growth of prison populations in recent decades and types of prisons including maximum, supermax, medium and minimum security facilities. It discusses the emergence of private prisons and consequences of high incarceration rates.
The document provides a history of correctional institutions in the United States from the 17th century to present day. It discusses the origins of early jails and prisons, the development of different incarceration systems like Pennsylvania and Auburn models, and reforms over time focused on more humane treatment of inmates. The document also outlines different types of facilities that exist today including maximum, medium, and minimum security prisons as well as alternative facilities like boot camps, halfway houses, private prisons and others.
This document appears to be a project report submitted by a student named Avinash Rai to their professor Anita Parmar. It includes:
1) A cover page with the student and professor's details and the project topic.
2) A certificate signed by the professor certifying the work as the student's original work.
3) A declaration signed by the student stating it is their original work.
4) An acknowledgements section thanking the professor for their guidance and other individuals who helped with the research.
The document is a law student's project on relevant facts under the Indian Evidence Act. It includes typical sections like certificates, declarations, acknowledgements and begins discussing the introduction to evidence law and chapter on relevancy of facts. The project will examine what constitutes relevant evidence and the distinction between legal admissibility and logical relevance.
The document discusses the role of financial globalization and its effects on business for developing countries. It notes that globalization can positively impact developing countries by increasing foreign investment, access to new markets, and standards of living. However, it also notes potential negative effects such as increased competition and vulnerability to financial crises. The document also examines the costs of capital and how globalization affects risk, corporate governance, and systematic risk.
The document discusses various topics related to share capital including:
- The meaning of share and share capital, and how corporations issue shares to raise capital. Shareholders are owners of the company.
- The different types of share capital a company can have including authorized, issued, subscribed, called up, paid up, and reserve capital.
- Preference shares have priority for dividend payments and repayment of capital over common shares. There are different types of preference shares.
- The rules around reducing a company's share capital, including limiting a member's liability to calls or contributions to the difference between the amount paid and reduced amount as fixed in the reduction scheme.
The document discusses various topics related to share capital including:
- The meaning of share and share capital, and how corporations issue shares to raise capital. Shareholders are owners of the company.
- The different types of share capital a company can have including authorized, issued, subscribed, called up, paid up, and reserve capital.
- Preference shares have priority for dividend payments and repayment of capital over common shares. There are different types of preference shares.
- The rules around reducing a company's share capital, including limiting a member's liability to calls or contributions to the difference between the amount paid and reduced amount.
This document appears to be a student project submitted to a professor. It includes:
1) An acknowledgements section thanking various people for their support and guidance during the project.
2) A certificate page certifying that the student completed the project work.
3) A declaration by the student that the work is their original research.
4) An abstract providing an overview of share capital terms like authorized capital, issued capital, subscribed capital, etc.
5) Several pages discussing topics related to types of share capital, preference shares, calculating shareholders' equity, and rules for altering share capital.
The Reserve Bank of India (RBI) is India's central banking institution and controls monetary policy. It was established in 1935 under the provisions of the RBI Act of 1934. RBI has a 21-member Central Board of Directors that governs it, including the Governor, Deputy Governors, and government and economic representatives. RBI's headquarters are located in Mumbai, Kolkata, Chennai, and New Delhi.
The document appears to be a student project on actionable claims under Indian law. It includes:
1. A definition of actionable claim as "a claim to any debt, other than a debt secured by mortgage of immovable property or by hypothecation or pledge of moveable property, or to any beneficial interest in moveable property not in possession either actual or constructive, of the claimant, which the civil courts recognize as affording grounds of relief whether such debt or beneficial interest be existent, accruing or conditional or contingent."
2. A discussion of the conditions of an actionable claim, including that it must be an unsecured money debt or claim to a beneficial interest in movable property not
The document discusses the history and evolution of the Reserve Bank of India from its origins recommended by the Hilton Young Commission in 1926 to its establishment through an act in 1935 as a privately owned bank. It details some key events such as the bank beginning operations in 1935, ceasing operations in Burma in 1942, and being nationalized by the government of India in 1949. The document also provides brief details on the functions and role of the RBI over time in India.
This document discusses India's foreign policy from independence in 1947 to the present day. It focuses on the policy of non-alignment pursued by India's first Prime Minister, Jawaharlal Nehru. Nehru adopted non-alignment for both material reasons, like India's economic needs and security concerns with neighboring countries, as well as spiritual reasons like being against imperialism and believing both capitalism and communism had merits. Non-alignment aimed to keep India out of any military alliances and maximize cooperation with all countries. While subsequent leaders made some adjustments, India has largely kept the basic objectives of Nehru's foreign policy approach.
This document is a project report submitted by Avinash Rai to the Indore Institute of Law on Indian foreign policy towards capitalism. It includes a certificate verifying the completion of the project, an acknowledgment section thanking those who provided assistance, an abstract summarizing the contents of the report, and an introduction outlining the objectives of analyzing India's foreign policy and principles. The report goes on to discuss the key objects and principles of India's foreign policy, including non-alignment, Panchsheel and peaceful co-existence, opposition to imperialism and racism, and the peaceful settlement of international disputes. It provides an overview of India's foreign policy goals and approach since independence.
This document summarizes 7 mediation cases handled by the Allahabad High Court Mediation and Conciliation Centre (AHCMCC). The cases involved matters like domestic violence, dowry demands, divorce, and child custody issues. In most cases, the parties had a high level of mutual distrust and were unwilling to compromise. The mediators encouraged the parties to reconsider their positions and make efforts to mend their relationships for the future well-being of their families. Confidentiality of the mediation process was maintained and no names of the parties or mediators were disclosed.
This document is a project report submitted by Avinash Rai to his professor Taranjeet Kaur at Indore Institute of Law regarding the topic of gender justice rights and development. The report includes an introduction outlining issues of gender injustice in India, a certificate and acknowledgements section, and discusses the meaning and scope of gender injustice. It proposes a principle of gender justice that gendered divisions of labor are unjust if they are influenced by social norms that make some choices cheaper based on gender.
This document discusses India's foreign policy towards capitalism. It outlines how a country's foreign policy is designed to safeguard national interests through interactions with other countries. It then discusses India's bilateral relations with countries like Afghanistan, Bangladesh, China, and Pakistan. It also discusses how non-alignment has been an integral part of India's foreign policy and how India advocated for the five principles of Panchsheel to guide relations with other countries based on mutual respect, non-aggression, non-interference, equality, and peaceful co-existence.
The document discusses the historical origin and interpretation of statutes. It notes that in England, every statute must be made by the king with the assent of Lords and Commons, and a statute or Act of Parliament expresses the will of the legislature. It also discusses that statutory interpretation involves interpreting and applying legislation using various tools like traditional canons, legislative history, and determining legislative purpose. The document provides examples of the literal rule and purposive approach to statutory interpretation.
The document discusses the concept and importance of fair trial. It notes that fair trial is an integral part of Article 21 of the Indian Constitution and an international human rights norm adopted by many countries. Fair trial is based on the idea that the state has a duty to bring offenders before the law. The key elements of fair trial discussed are the right to be heard by a competent, independent, and impartial tribunal, the right to a public hearing, the right to be heard within a reasonable time frame, the right to counsel, and the right to a trial without undue delay.
This document is a project report submitted by Avinash Rai to his professor Taranjeet Kaur at Indore Institute of Law regarding the topic of gender justice rights and development. The report includes an introduction outlining issues of gender injustice in India, a certificate and acknowledgements section, and discusses the meaning and scope of gender injustice. It proposes a principle of gender justice that gendered divisions of labor are unjust if they are influenced by social norms that make some choices cheaper based on gender.
This document appears to be a student project on Indian foreign policy towards capitalism. It includes a certificate signed by the student's professor, an acknowledgement section thanking those who helped with the project, an abstract summarizing the contents of the project, and various sections discussing India's foreign policy, the objects of India's foreign policy, and what constitutes foreign policy. The project will analyze India's foreign policy principles and national interests since the 1990s in relation to political, economic, social and security conditions after the end of the Cold War. It will also examine how India has approached interactions with western countries and its role in the international context.
This document appears to be a student project report submitted to Indore Institute of Law. It includes sections typical of a research project such as an acknowledgements section thanking those who provided guidance, a declaration affirming the work as the student's own, and an introduction outlining the topic of a fair trial as protected by the Indian Constitution and international agreements. The body of the document discusses concepts such as the presumption of innocence, rights to counsel, speedy trial, and others that comprise the right to a fair trial under Indian law and international human rights law.
1) The document discusses trademarks, parallel imports, and a court case related to parallel imports.
2) A trademark is a symbol or word that identifies a company or product and distinguishes it from others. Parallel imports are genuine products imported from another country without permission from the intellectual property owner.
3) The document outlines issues with parallel imports for trademark owners and consumers, such as the owner's inability to ensure product quality and consumer preferences are met. Consumers may not be able to use parallel import products as intended.
What are the common challenges faced by women lawyers working in the legal pr...lawyersonia
The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
This document briefly explains the June compliance calendar 2024 with income tax returns, PF, ESI, and important due dates, forms to be filled out, periods, and who should file them?.
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
1. 1
INDORE INSTITUTE OF LAW
(Affiliated to D.A.V.V. & Bar Council of India)
B.A.LL.B. (HONS)
Project on
(Subject)_______________________________
Topic: 01_______________________________
Submitted to:
Asst. Prof._____________________________
Submitted by:
Name ____________________Signature______
Year _____ Semester ______
Date-:___/___/____
2. 2
Certificate Of Supervisor
This is to certify that the project work entitled “EVALUATION OF THE NEED OF
SOLITARY CONFINMENT IN THE HUMAN RIGHTS ERA”; submitted by
Avinash Rai for the partial fulfillment of the B.A.LL.B Degree (Eighth semester)
offered by Indore Institute of Law, Indore (affiliated to D.A.V.V. and BCI) during
the academic year 2013-18 is a record of the Student’s own work carried out by her
under my supervision. The matter embodied in this thesis is original and has not been
submitted for the award of any Degree, Diploma or such other titles.
Date : 06-07-2017
Nameof Supervisor:Assistant Proff. SAKSHI SHARMA
Signatureof Supervisor
3. 3
Declaration of Researcher
This is to certify that Thesis/Report entitled “EVALUATION OF THE NEED OF
SOLITARY CONFINMENT IN THE HUMAN RIGHTS ERA” which is submitted
by me in partial fulfillment of the requirement for the award of degree B.A.LLB.
Degree (seventh Semester) offered by Indore Institute of Law, Indore comprises only
my original work and due acknowledgement has been made in the text to all other
material used.
Date: 06/07/2017 Nameof Student:
Avinash Rai
4. 4
Acknowledgement
I would like to take this opportunity to express my profound gratitude and deep
regard to my (Project Guide Miss.Sakshi Sharma), for her exemplary
guidance, valuable feedback and constant encouragement throughout the duration of
the project. Her valuable suggestions were of immense help throughout my project
work. Her perceptive criticism kept me working to make this project in a much better
way. Working under her was an extremely knowledgeable experience for me.
I would also like to give my sincere gratitude to all the friends and colleagues who
helped me in this research work, without which this research would be incomplete.
Date:06/07/2017
Submitted by:AvinashRai
5. 5
ABSTRACT
In recent years, prison officials have increasingly turned to solitary confinement as
a way to manage difficult or dangerous prisoners. Many of the prisoners subjected
to isolation, which can extend for years, have serious mental illness, and the
conditions of solitary confinement can exacerbate their symptoms or provoke
recurrence. Prison rules for isolated prisoners, however, greatly restrict the nature
and quantity of mental health services that they can receive. In this article, we
describe the use of isolation (called segregation by prison officials) to confine
prisoners with serious mental illness, the psychological consequences of such
confinement, and the response of U.S. courts and human rights experts. We then
address the challenges and human rights responsibilities of physicians confronting
this prison practice. We conclude by urging professional organizations to adopt
formal positions against the prolonged isolation of prisoners with serious mental
illness.
6. 6
INTRODUCTION
Solitary confinement has been around for centuries. It is put in place for prisoners
who commit devastating crimes, put other people’s lives in danger, or protection
for oneself. Solitary confinement is an isolation of a prisoner usually for 23 hours a
day. Inmates are placed in these isolation units for many reasons; as punishment,
while they are under investigation, as a mechanism for behavior modification,
when suspected of gang involvement, or as retribution for political activism
(American). There are different names for solitary confinement that have been put
in place around the country. Solitary confinement of prisoners occurs under an
array of names; isolation, control units, super-max prisons, the hole, administrative
segregation, maximum security or permanent lockdown (American). These
individuals placed in solitary confinement have limited contact with other human
beings. Isolation is humane because of the fact it protects other prisoners, it
protects the prisoned person, and it provides justice. Some people believe the
United States should ban solitary confinement due to the inhumanity; however,
others feel the protection it provides is essential.
There is a rather large amount of discussion about how solitary
confinement is inhumane due to the mental instability it causes. These prisoners
are alone for 23-24 hours a day. They have no human contact besides with the
guards. The convicts usually commit horrible crimes, for example, murder. They
most likely have a mental illness to kill an individual, but living in solitary
confinement increases the possibility of a mental disorder.1 If the inmate does not
have a mental illness they are most likely going to suffer from one after long-term
1 weebly.com
7. 7
separation. Extreme isolation has long been recognized as a punishment that
inflicts irreversible harm upon one’s mental status If solitary confinement is used
as a protection method for themselves or other prisoners, is it better off for their
safety?
Many prisons use solitary confinement as a mechanism to control their prison
populations and minimize the threat of danger to other inmates and prison staff.
Yet extreme isolation is an unnatural punishment and can cause severe
psychological, or sometimes even physical, damage.2 The effectiveness and
methods of solitary confinement has been debated since its modern day inception
as a form of punishment in the 1800s, yet it was not until recent years that states
began to question the constitutionality of the matter. As convicts, prisoners have
little sympathy from the general population; yet there are arguments for the release
of prisoners who are placed in solitary confinement for indefinite amounts of time
and for non-violent reasons. The argument in favor of regulating or eliminating the
age old method is that these people are being placed under “cruel and unusual”
circumstances, and are being released back into society in an even worse condition
than before they were incarcerated.3
There are two main types of solitary confinement that are primarily used in the
United States. Disciplinary solitary confinement is used to punish an inmate for a
violation of minor jail rules or protocol; administrative solitary confinement is used
to isolate dangerous prisoners from the rest of the prison population and staff.
Often prisoners who are placed in the latter group will remain in Supermax cells
for months to years, sometimes for an undetermined length of time.
3 lawstreetmedia.com
8. 8
Typically solitary confinement is reserved for the most threatening and
aggressive inmates, so the conditions are not cozy. Cells are typically “80 feet [10
by 8 feet], not much larger than a king-size bed,” and sometimes even smaller;
they do not have any windows and the floors are hard concrete. The door is
typically heavy metal and locks with massive bolts. Prisoners are isolated for 23
hours out of the day, and receive one hour of heavily monitored recreational
activity in another slightly larger cell. Meals are slid through a small space in the
door so prisoners remain completely isolated even during meal times.The cell is
left bare, so prisoners often resort to habitual pacing and sometimes create routines
to mimic life outside of prison. Prisoners may receive an early release from the
designated amount of time if they practice “good behavior” and attend classes to
improve themselves.
9. 9
HISTORYOF SOLITARY CONFINEMENT
Solitary Confinement is thought to have started in a Philadelphia jail in the 1800s.
The Quakers felt that by placing criminals in isolation they would have time to
read the Bible and repent for their sins. The original idea behind solitary
confinement was to reform inmates, as opposed to violently punishing them.
The Invention of Solitary Confinement — The Eastern State Penitentiary:
Another early prison that used a form of solitary confinement was the New York
jail, Auburn. There, the “Auburn System,” a method of punishment in which
prisoners were required to do manual labor all day in silence before being sent off
to solitary confinement for the remainder of the night, was developed. This system
gained popularity in prisons across the country. During this time, Auburn and other
prisons also used forms of torture as a punishment. One popular method was the
“shower bath.” This consisted of placing a prisoner under a constant flow of an
excessive and painful amount of water. The flood would beat them over the head,
getting into their eyes and mouths, nearly drowning them. Sometimes the shock
would cause prisoners to fall dead moments later.
10. 10
SOLITARY CONFINEMENTIN INDIA
Solitary confinement is a form of imprisonment in which an inmate is isolated
from any human contact, with the exception of members of prison staff. In India,
maximum period of solitary confinement is 3 months and it shall not exceed 14
days at a time. Relevant provisions of solitary confinement are sections 73 and 74
of Indian Penal Code, 1860.4
Section 73. Solitary confinement
Whenever any person is convicted of an offence for which under this Code the
Court has power to sentence him to rigorous imprisonment, the Court may, by its
sentence, order that the offender shall be kept in solitary confinement for any
portion or portions of the imprisonment to which he is sentenced, not exceeding
three months in the whole, according to the following scale, that is to say—
a time not exceeding one month if the term of imprisonment shall not exceed six
months;
a time not exceeding two months if the term of imprisonment shall exceed six
months and shall not exceed one year;
a time not exceeding three months if the term of imprisonment shall exceed one
year.
latest-law-news.blogspot.in
11. 11
Section 74. Limit of solitary confinement
In executing a sentence of solitary confinement, such confinement shall in no case
exceed fourteen days at a time, with intervals between the periods of solitary
confinement of not less duration than such periods: and when the imprisonment
awarded shall exceed three months, the solitary confinement shall not exceed
seven days in any one month of the whole imprisonment awarded, with intervals
between the periods of solitary confinement of not less duration than such periods.
India's death row prisoners face horrific conditions
Prisoners on death row in India are living in inhumane conditions, facing unfair
trials and horrific acts of police torture, according to a new study released by the
Death Penalty Research Project at the National Law University in Delhi.
The study is based on interviews with 373 of the 385 inmates believed to be on
death row in India and offers a harrowing insight into the unbearable uncertainty
the prisoners face and the horrific conditions they have to live in as they wait for
judges to decide their fate.5
Researchers said there was little reliable information about how the state handled
death row inmates, and found it difficult to discover the simplest of details,
including the exact number of people facing the death penalty.
5 www.theguardian.com
12. 12
Capital punishment has rarely been enforced in recent years and huge numbers of
death sentences are later commuted to life in prison, though many prisoners spend
years waiting for their fate to be decided. According to a report from the National
Crime Bureau, 1,303 death sentences were handed out between 2004 and 2013, of
which three led to executions. One man, Yakub Memon, convicted over his
involvement in the 1993 Mumbai bombings, was executed in 2015.
The study is a window into the lengthy, bureaucratic judicial process in India. It
shows that for those currently on death row, there was an average of five years
between arrest and sentencing.
Death sentences are handed down without consistency, forcing inmates into an
endless system of appeals, during which they often have little information about
the progress of the cases against them. Many are unable to meet their lawyers and
are not informed about the status of proceedings.
Torture, solitary confinement and “violent investigation techniques” are also
endemic and a host of social and economic factors can determine how a person is
treated in jail and the sentence they get. Three out of four death row inmates were
classed as “economically vulnerable” and 42% belonged to the “scheduled castes”,
considered to be lower down in the caste system.
Both judges and defence lawyers were blamed for the inadequacies of the
sentencing process. Researchers recorded various instances where defence lawyers
were not present during sentencing, conviction and sentencing were delivered on
the same day or judges failed to apply the “rarest of the rare” rule for death
sentences.
13. 13
At the final stage of proceedings, inmates can write to the president of India or the
Ministry of Home Affairs, who have the power to grant a pardon. As there is no
time limit for responses, prisoners waiting for their mercy pleas to be heard had
spent an average of 21 years and five months in jail.
Researchers recorded stories of prisoners who had committed suicide in jail, and
others who preferred an immediate execution rather than spending the remainder of
their lives waiting for a judgment in prison.
Chitrabhanu, who spent 20 years on death row, tried to make a noose from his
handkerchief in order to imagine how hanging might feel while he waited for a
pardon. A researcher recorded his desperation during that time. “How many years
can one live like this?” he said.
Mental health is flagged as a serious and under-researched issue in prisons, with
many facing violence and humiliation from fellow inmates. More than 100
prisoners spoke about sleep deprivation, many saying they could not sleep for more
than three or four hours a night because of the uncertainty of their fate.
Many prisons have in-house gallows – a remnant from colonial times – which are a
constant reminder of looming execution.
Inmates also often fear their imprisonment is a burden on their families and loved
ones, who have to bear the exorbitant costs of criminal lawyers.
The use of torture is ubiquitous, the report said. Inmates spoke about being hung
by wires, being forced to drink urine, being placed on a slab of ice and having a leg
broken, forced anal penetration, and extreme stretching. Some gave specific details
14. 14
– being tied in a sack of chillies and beaten with the butts of police guns. Others
left it vague, simply saying “unexplainable things” had been done to them.
One inmate, Mayur, said he was forced by police to confess to killing a member of
his extended family, a crime he says he did not commit. He told researchers that he
was stripped naked and tied to a table while a snake was let loose in the room when
police called him in for questioning. His wounds were rubbed with lemon juice and
chilli. In chilling interview notes obtained by the Guardian, Mayur tells the
researchers: “Imagine what it is like to be an innocent and be here.”6
Reasons Solitary Confinement Is Unconstitutional
1. Solitary confinement violates the basic concept of human dignity.
"Researchers have concluded you shouldn't keep lab animals in this kind of solitary
confinement. Why should we treat people that way?" Lobel inquired.
In the Pelican Bay solitary unit, prisoners spend 22.5 to 24 hours a day in an 80-
square-foot, concrete, windowless cell - about the size of a king-size bed. They
can't make phone calls. And they're often denied visitors and physical activity. The
food is even sometimes rotten, Lobel wrote in the San Jose Mercury News .7
6 www.theguardian.com
7 www.businessinsider.in
15. 15
2. It denies basic human rights.
" We are social creatures and to take away that social nature from us deprives us of
a basic human need," Lobel said. "The courts have recognized that even if you're in
prison, you can't be deprived of basic human needs."
In this way, the punishment also violates the due process clause, according to
Lobel. "The Supreme Court has held that in this kind of confinement, you have to
give people periodic hearings which are meaningful," he told The Michael Slate
Show on KPFK Radio in Los Angeles.
Yet some of the prisoners, especially at Pelican Bay, have remained in their
singular cells for 10 or 20 years, Lobel alleges.
The Supreme Court has not ruled any specific length of time in solitary
unconstitutional. The high court, however, has ruled the " length of time cannot be
ignored " when deciding the constitutionality of specific circumstances.
3. It causes significant mental and physical pain and suffering.
Robert King, another speaker at the AAAS conference, spent 29 years in solitary
confinement in Louisiana. He noticed his vision drastically deteriorate during that
time. Prison doctors confirmed he entered solitary with 20/20 vision but eventually
needed glasses, King said.
"I could not make a face out six feet in front of me - even my brother or mother,"
King said.
King also has difficulty navigating his surroundings. "If I'm around one corner of
my house, by the time I get to the next corner, I'm lost. I'm embarrassed," he said.
16. 16
Indeed, solitary confinement can cause prolonged depression, which can cause the
brain's hippocampus to shrink , University of Michigan neuroscience professor
Huda Akil said at the conference. The hippocampus helps us orient ourselves in
space and control our emotions.
"Think of your brain being similar to trees in spring with a lot of leaves and buds
.... Visually, you can look at scans and see winter in the brain. It gives new
meaning to the 'winter of our lives,'" Akil added.
Aside from depression, the lack of physical activity, social interaction, or natural
sunlight in solitary alone will harm a person, Craig Haney , a psychology professor
at the University of California Santa Cruz, said at the conference.
"Each one is sufficient enough to change the brain and change it dramatically,
whether it is brief or extended. And when I say extended, I mean days, not
decades," he said.
4. In many cases, it's unnecessary.
"Many people put in solitary are not dangerous at all and don't warrant this kind of
treatment," Lobel said. "Many of the prisoners at Pelican Bay haven't committed
any violation."
For example, sometimes a simple tattoo will be taken as gang affiliation. Pelican
Bay also bans the African language Swahili , meaning you could get solitary for
having a Swahili pamphlet, according to Lobel.
While a judge recently refused to dismiss Lobel's proposed class action suit , he
still has to prove that solitary confinement is cruel and unusual as established by
previous case law .
17. 17
In a landmark Eighth Amendment case from 1994, the Supreme Court found a
prison official can only be liable for denying inmates of humane conditions if he
knew an inmate faced high risks of harm but disregarded that risk.
Lobel also claims that solitary confinement violates International Law. The
Committee Against Torture , a project of the United Nations, to which the U.S.
belongs, has recommended countries abolish solitary confinement entirely because
of the potentially harmful mental and physical health effects.
The role of solitary confinement, and why it’s necessary
Some people question why inmates are allowed to have so much stuff. In an effort
to provide the public with an answer, I would first like to note that people tend to
be more motivated by a loss than by a gain.8
This holds true in how corrections deals with deviant behavior amongst those who
are incarcerated.
To have or have not
When we are looking to punish deviance, we remove an item of value from the
inmate (punishment by removal). This is done in the hopes that the inmate will
want what was taken from them and, in their effort to get back what was taken,
learn to comply with the rules and regulations of the institution.
Host Anthony Gangi and guest Russell Hamilton discuss the recent changes in
solitary confinement in California, along with best tips for conducting contraband
searches
8 www.correctionsone.com
18. 18
When an inmate gets a charge for not following the rules, their punishment can
consist of loss of recreational privileges, loss of contact visits, loss of commutation
time, loss of TV, etc. This loss is not taken lightly because the inmate has already
grown accustomed to what they have. When they are faced with the possibility of a
loss of something that was previously granted to them, they compare the situation
that they are in (having) to the situation that they could face (have not) and, with
that comparison in mind, they may choose to act accordingly.
Again, this is how correctional staff maintains their sense of authority. If inmates
were not granted anything, what would correctional staff have at their disposal that
would help them maintain control?
How this applies to segregation
Solitary confinement can be viewed as an extreme loss of granted items in which
all efforts to maintain control through normal procedures have failed. In order to
maintain safety, correctional staff now has to enter the extreme and start from
scratch by removing all granted items and having the inmate transition themselves
to a position where they can slowly regain what was taken. Again, from the outside
people may see this as barbaric, but this is a method that is used when all else fails.
It is still founded on our ability to maintain control and order by taking away what
was granted from inmates when their behavior becomes extreme and volatile.
Now, let's explore why this method works. As mentioned above, people are more
motivated by a loss than a gain. Reason being, when someone has an item, and it
has been removed, they have a concrete reference to compare what life would be
like without said item. On the flip side, with a gain, there is no concrete evidence
to compare, and, therefore, since the person has lived without, they can easily
19. 19
continue to do so. So punishment by removal has been utilized by corrections as a
way to motivate compliance in a manner that is humane and decent.
There has been effort from the outside to circumvent this process by eliminating
certain methods that can be employed to punish deviance, which brings us back to
solitary confinement. Solitary confinement, in essence, is the removal of an inmate
from general population so control and order can be maintained.
Cruel and unusual punishment
People that argue against this process have a twisted understanding as to what
solitary confinement means. Solitary confinement is by definition a punishment by
removal. The inmate has been removed from general population along with all the
privileges they are granted, and placed into an area where said privileges have to
be earned back (transitional).
During this process, the mental and physical wellbeing of the inmate is constantly
monitored. This is an extreme measure that only gets employed when the safety
and security of others are at risk. During their time in solitary confinement, an
inmate, through good behavior, can earn some of their privileges back. This
process may take time, but is fundamental for the transitional process an inmate
must go through before being allowed back into general population.
For some, solitary confinement can be seen as strictly punishment, but for those in
the system, this method can be seen as corrective. In essence, solitary confinement
helps correctional staff transition those who are problematic back into general
population in a manner that maintains safety and security.
20. 20
Tying our hands
For those who work in corrections, we need to maintain order in a world that wants
to be chaotic. The means with which we can employ are severely limited. When
we are attacked by those on the outside, who remain unaware of the world on the
inside, we begin to see our hands being tied.
Those in corrections try to justify their methods, but most choose not to hear what
those with the proper experience have to say. Over time, correctional staff has
discovered that the threat of loss has power.
In closing, before people decide on methods to eliminate, they must first
understand the perspective of which that method was derived. Then, once they get
an understanding of that perspective, they can either relate to why that method is
employed, or come up with an alternative that actually has value.9
Criticism
Ineffectiveness
In 2002, the Commission on Safety and Abuse in America, chaired by John Joseph
Gibbons and Nicholas Katzenbach found that: "The increasing use of high-security
segregation is counter-productive, often causing violence inside facilities and
contributing to recidivism after release."
Solitary confinement has been traditionally used as a behavioral reform of isolating
prisoners physically, emotionally and mentally in order to control and change
inmate behavior. Recently arrived inmates are more likely to violate prison rules
than their inmate counterparts and thus are more likely to be put in solitary
9 www.correctionsone.com
21. 21
confinement. Additionally, individual attributes and environmental factors
combine to increase an inmate's likelihood of being put into solitary confinement.
10
Torture
Solitary confinement is considered to be a form of psychological torture with
measurable long-term physiological effects when the period of confinement is
longer than a few weeks or is continued indefinitely. According to a law review
article by Elizabeth Vasiliades, America's detention system is far below the basic
minimum standards for treatment of prisoners under international law and has
caused an international human rights concern: "U.S. solitary confinement practices
contravene international treaty law, violate established international norms, and do
not represent sound foreign policy."
The documented psychological effects led one judge in a 2001 suit to rule that
"Solitary confinement units are virtual incubators of psychoses—seeding illness in
otherwise healthy inmates and exacerbating illness in those already suffering from
mental infirmities." In fact, as of 2016, there have been thirty-five U.S. Supreme
Court cases petitioning solitary confinement.
In October 2011, UN Special Rapporteur on torture Juan E. Méndez, told the
General Assembly’s third committee, which deals with social, humanitarian, and
cultural affairs, that the practice could amount to torture.
“Considering the severe mental pain or suffering solitary confinement may cause,
it can amount to torture or cruel, inhuman or degrading treatment or punishment
10 en.wikipedia.org
22. 22
when used as a punishment, during pre-trial detention, indefinitely or for a
prolonged period, for persons with mental disabilities or juveniles,” he warned.
In November 2014. the United Nations Committee Against Torture noted that full
isolation for 22–23 hours a day in super-maximum security prisons is
unacceptable.
Misuse
Misuse of solitary confinement has been widely controversial. In immigration
detention centers, reports have surfaced concerning its use against detainees in
order to keep those knowledgeable about their rights away from other detainees. In
the prison-industrial complex itself, reports of solitary confinement as punishment
in work labor prisons have also summoned much criticism. One issue prison
reform activists have fought against is the use of Security Housing Units (extreme
forms of solitary confinement). They argue that they do not rehabilitate inmates but
rather serve only to cause inmates psychological harm. Further reports of placing
prisoners into solitary confinement based on sexual orientation, race and religion
have been an ongoing but very contentious subject in the last century.
Opponents of solitary confinement hold that it is a form of cruel and unusual
punishment and torture because the lack of human contact, and the sensory
deprivation that often go with solitary confinement, can have a severe negative
impact on a prisoner's mental state that may lead to certain mental illnesses such as
depression, permanent or semi-permanent changes to brain physiology, an
existential crisis, and death.
23. 23
Access to health care
Research has shown that the routine features of prison can make huge demands on
limited coping resources. After prison many ex-convicts with mental illness do not
receive adequate treatment for their mental health issues, because health services
turn them away. This is caused by restrictive policies or lack of resources for
treating the formerly incarcerated individual. In a study focusing on women and
adolescent men, those who had health insurance, received mental health services,
or had a job were less likely to return to jail. However, very few of the 1,000
individuals in this study received support from mental health services.
Ethics
Treating mentally ill patients by sentencing them into solitary confinement has
captured the attention of human rights experts who conclude that “solitary
confinement may amount to cruel, inhuman, or degrading treatment” that violates
rights specifically targeting cruel, inhuman treatment. Health care professionals
and organizations recognize the fact that solitary confinement is not ethical, yet the
segregating treatment fails to come to a halt. “Experience demonstrates that prisons
can operate safely and securely without putting inmates with mental illness in
typical conditions of segregation.” Despite this and medical professionals’
obligations, segregation policies have not changed because mental health clinics
believe that “isolation is necessary for security reasons.” In fact, many believe that
it is ethical for physicians to help those in confinement but that the physicians
should also be trying to stop the abuse. If they cannot do so they are expected to
undertake public advocacy.
24. 24
Legality
The legality of solitary confinement has been frequently challenged over the past
sixty years as conceptions surrounding the practice have changed. Much of the
legal discussion concerning solitary confinement has centered on whether or not it
constitutes torture or cruel and unusual punishment. While international law has
generally begun to discourage solitary confinement’s use in penal institutions,
opponents of solitary confinement have been less successful at challenging it
within the United States legal system.
International law
Throughout the twentieth century, the United Nations' stance on solitary
confinement has become increasingly oppositional. International law has reflected
this change, and UN monitoring has led to a major reduction of solitary
confinement.
In 1949, the Universal Declaration of Human Rights (UDHR) was adopted by the
United Nations General Assembly. Although the Declaration is non-binding, the
basic human rights outlined within it have served as the foundation of customary
international law. The relevance of the Declaration to solitary confinement is found
in Article 5, which states that “No one shall be subjected to torture or to cruel,
inhuman or degrading treatment or punishment." Thus, if solitary confinement is
believed to constitute torture or cruel, inhuman, or degrading treatment or
punishment, then the country practicing solitary confinement is violating the
provisions set by the UDHR.
25. 25
The International Covenant on Civil and Political Rights (ICCPR), effective 1976,
reiterates the fifth article of the UDHR; Article 7 of the ICCPR identically states,
“No one shall be subjected to torture or to cruel, inhuman or degrading treatment
or punishment." Because the ICCPR is a legally binding agreement, any nation that
is signatory to the covenant would be violating international law if it practiced
torture or cruel, inhuman, or degrading treatment or punishment.
At the time that the UDHR and ICCPR were adopted, solitary confinement was not
yet believed to constitute torture or cruel, inhuman, or degrading treatment or
punishment. Its practice, therefore, was not believed to violate international law.
This changed, however, after the UN definition of torture was outlined in detail in
the 1984 Convention Against Torture (CAT); Article 1.1 of the CAT states that
torture is "any act by which severe pain or suffering, whether physical or mental, is
intentionally inflicted on a person" for any reason such as obtaining information or
punishment, and Article 16 of the same convention prohibits "other acts of cruel,
inhuman or degrading treatment or punishment". Based on these provisions, many
members of the UN began to believe that solitary confinement’s detrimental
psychological effects could, indeed, constitute cruel, inhuman, or degrading
treatment or punishment, if not, torture. In the years following the CAT, UN
representatives "have publicly decried the use of solitary confinement as a
violation of the CAT and ICCPR," as well as the UDHR.
In more recent years, UN representatives have strengthened their efforts to stop
solitary confinement from being used worldwide. The urgency with which
representatives have undertaken these efforts is largely due to the UN Special
Rapporteurs on Torture, Manfred Nowak and Juan Méndez. Nowak and Méndez
have both "repeatedly unequivocally stated that prolonged solitary confinement is
cruel, inhuman or degrading treatment, and may amount to torture". Nowak and
26. 26
Méndez have been especially critical of long-term or prolonged solitary
confinement, which they define as lasting fifteen days or more. Their authority and
explicit characterization of solitary confinement as cruel, inhuman, or degrading
treatment has led the UN to include long-term to indefinite solitary confinement in
the group of practices that violate the provisions outlined in the UDHR, ICCPR,
and CAT. Solitary confinement lasting for a short period of time, however, is
allowed under international law when used as a last resort, though Nowak,
Mendez, and many other UN representatives believe that the practice should be
abolished altogether.
United States law
In the U.S., opponents of solitary confinement have argued (with varying success)
that the practice violates prisoners’ Constitutional rights. Despite the long history
of litigation over the practice, the Supreme Court has yet to definitively state
whether or not solitary confinement is unconstitutional. The Supreme Court
considered the constitutionality of long-term solitary confinement only once in the
‘‘Wilkinson v. Austin'’ case. In contrast to the Supreme Court’s inaction, lower
courts of the U.S. have imposed constitutional limitations on the use of solitary
confinement. Despite such limitations, the federal courts have refused to find that
solitary confinement is per se unconstitutional. The U.S. has also effectively
“insulated itself from any official sanction for international violations by not
submitting to the jurisdiction” of committees that enforce the ICCPR or CAT.
27. 27
Alternative litigation techniques
Recognizing that the amount of proof needed to show that solitary confinement
violates prisoners’ rights “is simply too high to trigger constitutional protections,”
attorneys have started to approach solitary confinement from a different angle.
John F. Cockrell, a recent graduate from the University of Alabama School of
Law, suggests that those who challenge solitary confinement do so in context of
the Americans with Disabilities Act of 1990 (ADA). Cockrell reasons that
When claims under the Eighth and Fourteenth Amendments fail, Title II [of the
ADA] may offer an avenue to improve the provision of services to the mentally ill
in prisons and solitary confinement, but ipso facto improving the conditions under
which all inmates in solitary confinement live.
In the past few years, several internal committees and administrative bodies
involved in the United States prison and legal systems have also begun to question
solitary confinement’s legality. In June 2012, for example, the US Senate Judiciary
Committee held its first hearing on solitary confinement. Likewise, as of 2013, the
US Bureau of Prisons has announced that it will conduct its first review of how
solitary confinement is used in federal prisons. Additionally, the US Department of
Justice found multiple violations of the Constitution and ADA after investigating
the use of solitary confinement for mentally ill inmates in two Pennsylvania
prisons. The US Immigration and Customs Enforcement Agency (ICE) has also
revised segregation procedures for detainees.
28. 28
Mentally ill inmates and juveniles
Studies have illustrated that mentally ill inmates and juveniles are two groups more
severely affected by solitary confinement than other prisoners. As such, the solitary
confinement of mentally ill inmates and juveniles has been upheld as cruel and
unusual in both international and US courts.
The UN has “expressly prohibit[ed] solitary confinement of juveniles and
individuals with mental illness”. The Convention on the Rights of Persons with
Disabilities and Convention on the Rights of the Child have played major roles in
establishing the UN’s position on solitary confinement of mentally ill inmates and
juveniles respectively.
Within the US legal system, too, courts have held that the solitary confinement of
the mentally ill is “cruel and unusual”. In fact, David Fathi, Director of the
ACLU’s National Prison Project, found that “every federal court that has
considered claims by severely mentally ill prisoners held in solitary confinement
has found this treatment unconstitutional”. These court rulings are significant in
light of the fact that more than half of the prisoners currently serving jail time in
the US are mentally ill according to the US Bureau of Prisons. Furthermore,
approximately 30% or more of prisoners in solitary confinement are mentally ill.
These rulings have the potential to dramatically change how prisons deal with
mentally ill inmates, as prison officials would no longer be able to “warehouse”
“difficult” prisoners if they have a preexisting mental illness. It should be noted,
however, that these rulings do not guarantee that the mentally ill will not be put in
solitary confinement; while they are considered a vulnerable group, these prisoners
still have “limited” recourse to the Eighth Amendment.
29. 29
One landmark case, Madrid v. Gomez, challenged the conditions of the Security
Housing Unit (SHU) in the Pelican Bay State Prison. The court ruled that the
current conditions were not “per se violative of the Eighth Amendment” with
respect to all inmates. However, in regard to SHU’s isolation of the mentally ill
and the conditions of their solitary confinement, the court found that the prison had
violated the Eighth Amendment. Despite it being a landmark case, the rulings of
the case have yet to set a trend among cases against other prison systems because
SHU’s conditions were known to be more extreme and harsh than other supermax
prisons.
Juveniles who are charged as adults and placed in adult prisons are usually put in
protective custody, and often the conditions of protective custody are similar to
those of solitary confinement. Juvenile justice experts, social scientists, and
national correctional standards all agree that solitary confinement is an “ineffective
therapeutic tool” that is detrimental to juveniles who are still in an “uncertain,
unformed state of social identity”. Given that they are developing mentally and
physically, some experts have suggested that “they are severely and permanently
damaged by such conditions to a greater extent than adults”.
Actions
The use of long-term solitary confinement, along with other grievances, has
triggered organized resistance from prisoners and advocacy groups in the United
States. Prisoners in California and elsewhere have launched hunger strikes, citing
cruel and unusual uses of solitary confinement as a major reason. Hundreds of
prisoners in the United States, acting through the Center for Human Rights and
Constitutional Law, have in 2012 filed a petition against solitary confinement at
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the United Nations. The petition alleges that solitary confinement constitutes
torture and should be addressed by the international community.
The 2013 California prisoner hunger strike saw approximately 29,000 prisoners
protesting conditions. This statewide hunger strike reaching 2/3 of California’s
prisons began with the organizing of inmates at Pelican Bay State Prison. On 11
July 2011, prisoners at Pelican Bay State Prison began a hunger strike to “protest
torturous conditions in the Security Housing Unit (SHU) there”…and to advocate
for procedural and policy changes like the termination of the “debriefing process”
which forces prisoners “to name themselves or others as gang members as a
condition of access to food or release from isolation”. Nearly 7,000 inmates
throughout the California prison system stood in solidarity with these Pelican State
Bay prisoners in 2011 by also refusing their food. Also in solidarity with the 2011
Pelican Bay prisoners on strike is the Bay Area coalition of grassroots
organizations known as the Prisoner Hunger Strike Solidarity coalition. This
coalition has aided the prisoners in their strike by providing a legal support force
for their negotiations with the California Department of Corrections and
Rehabilitation (CDCR) and by creating and running a media based platform to
raise support and awareness for the strikers and their demands among the general
public.
The CDCR's failure to meet the demands of the Pelican State Bay Prison hunger
strikers in 2011 resulted in the aforementioned 2013 California prisoner hunger
strike. Similar to the Pelican Bay State Prison hunger strike is the organizing of
January 2011 in the supermax Ohio State Penitentiary, where prisoners Bomani
Shakur, Siddique Abdullah Hasan, Jason Robb, and Namir Abdul Mateen began a
hunger strike “to protest what they call their harsh mistreatment under solitary
confinement”. These prisoners decided to start rejecting their meals until they
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could be relocated from solitary confinement to death row where their treatment as
prisoners would improve. Another example took place in Fall of 2010, when
prisoners throughout Georgia’s prison system organized a strike in opposition to
violations of the US Constitution 8th amendment protection against cruel and
unusual punishment for minute infractions of rules. Inmates throughout the state, in
facilities like Rogers State Prison and Hays State Prison engaged in a “self-
imposed lockdown” to incite action from the Georgia Department of Corrections in
meeting their demands. Similar to other prison strikes demanding systemic change
in the policing and policies of prisons like the Pelican State Bay hunger strike, this
self-imposed lockdown strike has reached “across multiple facilities and across
racial and factional lines”.
Solitary confinement has served as a site of inspiration for protest-organizing
against its use in and outside of prisons and conversely, as a response tactic for
prisons to react to the protest-organizing of its prisoners. In March 2014,
authorities at the Northwest Detention Center in Washington relegated multiple
detainees to solitary confinement units after their participation in protests for the
improvement of conditions within the facility and in solidarity with activist
organizing against deportation escalations outside of the facility.
Organizing against the use of solitary confinement isn't limited to the work of
prisoners subject to or at risk for this treatment. Community organizing outside of
prisons has also occurred to shed light on the use of solitary confinement in prisons
and work towards its abolition or highly refined use. Free and accessible journals
like “Turning the Tide: Journal of Anti-Racist Action, Research, & Education” and
web-based projects like Solitary Watch and the Prisoner Hunger Strike Solidarity
Coalition website also work to disseminate information about the use of solitary
32. 32
confinement in prisons and support actions to bring about the end of this practice
in prisons.
Dr. Eisenman, an Art History professor and activist, who is involved in many “stop
max” movements centered in Illinois, studies solitary confinement and explains its
eventual decline. Since the 1800s solitary confinement was practiced in the
penitentiary systems and its implementation and popularity at various prisons grew
throughout the centuries. The practice of solitary confinement grew partly because
of stigmatizing language used to refer to certain prisoners like ‘the worst of the
worst,’ which became a form of “self-justifying the logic of torture”. Yet, as the
use of solitary confinement progressed, public discourse around solitary
confinement transitioned from a legitimate form of punishment to torture. Because
many prisoners in solitary confinement suffered severe mental and physical
illnesses, Eisenman describes that by the end of the nineteenth century “prisoner
isolation and sensory deprivation were widely understood to be forms of torture”.
Therefore, human rights groups condemned the use of solitary confinement or
‘supermax’ systems, and national and local ‘stop max’ movements have initiated in
America and worldwide to stop the use of solitary confinement.
Alternatives and reform
Possible alternatives
Scrutiny of super-maximum security prisons and the institutionalization of solitary
confinement is accompanied by suggestions for alternative methods. One
alternative is to administer medical treatment for disorderly inmates who display
signs of mental illness. The Correction Department of New York City
implemented plans to transfer mentally ill inmates to an internal facility for further
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help rather than solitary confinement in 2013. Dora B. Schriro, correction
commissioner, said that treatment would help turn a “one size fits all” policy into a
program to promote success in jail and the outside world. A second alternative is to
deal with long-term inmates by promoting familial and social relationships through
the encouragement of visitations which may help boost morale. Carl Kummerlowe
believes that familial counseling and support may be useful for inmates nearing the
end of a long-term sentence that may otherwise exhibit signs of aggression. This
alternative would help inmates cope with extreme long term sentences in prisons
such as those harbored in Pelican Bay. A third alternative would involve regular
reevaluation and accelerated transition of isolated inmates back to prison
population to help curb long-term effects of solitary confinement. These alternative
`methods suggest a more restorative justice approach to handling high-security
offenders.
Recent reform
Many states such as Colorado, Mississippi, and Maine have implemented plans to
reduce use of supermax prisons and solitary confinement and have begun to show
signs of reform. Joseph Ponte, Corrections Commissioner of Maine, cut supermax
prison population by half. Colorado has announced reforms to limit the use of
solitary confinement in prisons following a study that showed significant levels of
confinement and isolation in prisons. Washington has also showed signs of
decreased use of solitary confinement, low segregation of overall prison
population, and emphasis on alternative methods.
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Counter-arguments
There have been studies that have shown no difference between inmates in solitary
confinement and those in normal lockup. For example, "Effect of Solitary
Confinement on Prisoners" examines a study that compared twenty prison inmates
that were put into isolation to twenty inmates from general population that were
used as the controls. The subjects were tested immediately before and after being
put into isolation and the results showed that although there was a slight difference
in subjective feelings, there were no mental or psychomotor changes. "Effect of
Solitary Confinement on Prisoners" argues that the negative effects of solitary have
often been overemphasized and that the reason these negative findings are often
reported is due to the characteristic difference between those who end up in
solitary confinement and those who do not.
"Reactions and Attributes of Prisoners in Solitary Confinement," analyzes multiple
studies conducted at different prisons throughout the United States. There was no
difference found in the stress levels between the inmates inside of solitary
confinement and those in general lockup according to this study. Interviews were
conducted that showed that inmates had a fear of the mental effects that solitary
confinement would have, but that mental harm rarely occurred. There was also no
significant difference between the results of the Scale between the control and the
experimental group according to "Reactions and Attributes of Prisoners in Solitary
Confinement." This article proposes the idea that some inmates have inherent
characteristics that allow them to better adapt to solitary confinement while others
do not, similar to the ability to adapt to any new environment Furthermore, it
showed that the majority of inmates adapted to solitary confinement within a few
days finding ways to pass time such as sleeping, thinking about the future, and
exercising. This article argues that this study gives a better representation of the
35. 35
effects of solitary confinement as it claims the participants are average inmates in
traditional solitary confinement conditions, rather than controlled experimental
conditions. The conclusions drawn from this study include the argument of
consistency; that in order to prove that solitary confinement is harmful to inmates,
there needs to be some sort of consistent negative result and their findings do not
match this.
36. 36
CONCLUSION
Solitary confinement is a broken system that was determined to be ineffective and
harmful in the 1800’s and yet is still used today. It does not lower prisoner
aggression, in fact it seems to raise it. Solitary should be controlled, used less
frequently, and for shorter lengths of time. Combining this with using alternative
methods first, should be beneficial to the prison system and society as a whole. The
existing literature demonstrates that solitary confinement has both significant
physiological effects, such as gastrointestinal upset and hypertension, and
psychological effects, including psychosis and depression. These findings suggest
that the physiological and psychological consequences of solitary confinement are
extremely dangerous to the well being of inmates. However, research regarding
psychological effects is limited by the fact that many inmates are mentally ill prior
to incarceration, making it difficult to distinguish whether psychological symptoms
are directly produced by solitary confinement. In addition, there is definite need to
find alternative incarceration methods to effectively manage the behaviors of
inmates without causing harm to their physical and mental health. Developing new
incarceration methods is particularly important to ensure the well-being of
confined inmates who are mentally ill prior to incarceration. Isolation is humane
due to the fact it protects other prisoners, it protects the prisoned person, and it
provides justice. Some people believe the United States should ban solitary
confinement due to the inhumanity; however, others believe the protection it
provides is essential. Solitary confinement is a punishment; of course there is not a
free ride after murder or another crime. Criminals need to realize that there actions
have consequences and some privileges could be taken away. There is no working
out, socializing, or watching TV in solitary confinement. The time given to these
37. 37
prisoners either saves their own life or another life. Solitary confinement is needed
for control in a prison; these inmates are convicts.
At a basic level, solitary is widely used because no one is compelling correctional
authorities to do anything different. In provincial and territorial systems where
independent oversight is limited, there is no incentive to change, particularly as
prison populations keep growing under tough-on-crime legislation. Federally, there
is no shortage of reports documenting the damage done by solitary and chronicling
the failure to act on the many recommendations for reining in the practice made by
task forces, commissions of inquiry and other independent bodies.
What we do not need are more correctional rules and policy around segregation.
As Justice Louise Arbour wrote in her 1996 inquiry report into unlawful uses of
force and prolonged segregation at the Prison for Women in Kingston, “the rule of
law is absent, although rules are everywhere.” The Globe and Mail’s investigation
indicates that correctional law and policy concerning segregation were breached in
Edward Snowshoe’s case, as they were in Ashley Smith’s.
What is needed then is independent external oversight and enforcement of existing
law and rights. An important first step would be for Canada to ratify the United
Nations Optional Protocol to the Convention Against Torture, which would require
Canada to have a “national preventative mechanism” to inspect all places of
detention to ensure compliance with international human-rights standards. This
would provide a measure of accountability and information to the public about the
use of solitary confinement and other practices that have human-rights
implications. Britain’s Prison Inspectorate performs such a function and Canada’s
failure to take this step is troubling.
38. 38
But beyond transparency and accountability, Canadians are entitled to expect that
the rule of law will run behind prison walls. At a minimum, segregation decisions
should be subject to independent adjudication.
In the absence of political or institutional will to address this, change may come
from the courts. No Canadian court has yet heard a systemic Charter challenge to
the normalized use of solitary in the light of the substantial evidence of its negative
effects. However, recent cases signal change. Judges in British Columbia and the
Northwest Territories have found that the prolonged segregation and other
inhumane conditions of confinement experienced by prisoners awaiting trial
amounted to cruel and unusual punishment. In one case, the man’s ultimate
sentence was substantially reduced to account for the Charter violation.
Correctional authorities have settled other cases, including one challenging a
regime of segregation specific to women prisoners that had a particularly negative
impact on indigenous women.
Rather than waiting for courts to step in, correctional authorities can act on the
many recommendations already made, including (to take just one) finding
alternatives to segregating mentally ill prisoners.
This human-rights crisis behind prison walls implicates us all, as does the broader
problem of which it is a symptom: packed, warehouse prisons that result from
punitive policies implemented in the face of evidence of what works to address
crime. Hopefully it will not take the death of another Edward Snowshoe for us to
begin to reverse this trend. Solitary confinement can actually fit the definition of
torture, as stated in some international human rights treaties. This means that it
constitutes a violation to human rights.