Laura L. Rovner

Publication Date

2015

Document Type

Paper

Keywords

Solitary confinement, U.S., Eighth Amendment, Human dignity, Constitutional right, Freedom violation

Abstract

The use of solitary confinement in U.S. prisons and jails has come under increasing scrutiny. Over the past few months, Supreme Court Justice Anthony Kennedy all but invited constitutional challenges to the use of solitary confinement, while President Obama asked, “Do we really think it makes sense to lock so many people alone in tiny cells for 23 hours a day for months, sometime for years at a time?” Even some of the most notorious prisons and jails, including California’s Pelican Bay State Prison and New York’s Rikers Island, are reforming their use of solitary confinement because of successful litigation and public outcry. Rovner suggests that in light of these developments and “the Supreme Court’s increasing reliance on human dignity as a substantive value underlying and animating constitutional rights,” there is a strong case to make that long-term solitary confinement violates the constitutional right to freedom from cruel and unusual punishment.

Rights Holder

Laura L. Rovner

Provenance

Received from author

File Format

application/pdf

Language

English (eng)

Extent

19 pgs

File Size

263 KB

Publication Statement

Copyright held by the author. User is responsible for all copyright compliance.

Publication Title

American Constitution Society for Law and Policy

First Page

1

Last Page

19

Download



Share

COinS