What can or should be done to change the current prison system to avoid the psychological consequences of long-term solitary confinement on inmates?

Presentation Type

Abstract

Faculty Advisor

Thomas Loikith

Access Type

Event

Start Date

25-4-2025 9:00 AM

End Date

25-4-2025 9:59 AM

Description

The use of prolonged solitary confinement of prison inmates has greatly increased. Studies show that the practice can have significant negative physical and psychological effects on an inmate. Some courts have held that prolonged solitary confinement of those with pre-existing mental illness violates the Eighth Amendment proscription against “cruel and unusual punishment”. However, with few exceptions, solitary confinement in the US remains lawful. The well-documented negative effects of prolonged solitary confinement impact not only inmates, but also, society itself. What can and should be done to eliminate prolonged solitary confinement? This is a complex problem requiring interdisciplinary research to achieve a more comprehensive understanding of the problem. From September 2024 through March 2025, I used qualitative research methodology, specifically textual analysis, to research and analyze scholarly and non-scholarly sources from the disciplines of law and psychology. Such sources included relevant opinions of the Supreme Court, federal statutes and articles from scholarly journal articles. I determined conflicting insights from each discipline, found common ground between them, and integrated them to achieve a more comprehensive understanding of the problem. That more comprehensive understanding leads to suggested solutions of the problem. As a result of my research, I conclude that the psychological and physiological harm done to inmates in prolonged solitary confinement does constitute cruel and unusual punishment in violation of the Eighth Amendment, and state and federal courts should recognize it as such. Additionally, Congress and state legislatures should enact appropriate legislation banning the practice of prolonged solitary confinement in all cases.

Comments

Poster presentation at the 2025 Student Research Symposium.

This document is currently not available here.

Share

COinS
 
Apr 25th, 9:00 AM Apr 25th, 9:59 AM

What can or should be done to change the current prison system to avoid the psychological consequences of long-term solitary confinement on inmates?

The use of prolonged solitary confinement of prison inmates has greatly increased. Studies show that the practice can have significant negative physical and psychological effects on an inmate. Some courts have held that prolonged solitary confinement of those with pre-existing mental illness violates the Eighth Amendment proscription against “cruel and unusual punishment”. However, with few exceptions, solitary confinement in the US remains lawful. The well-documented negative effects of prolonged solitary confinement impact not only inmates, but also, society itself. What can and should be done to eliminate prolonged solitary confinement? This is a complex problem requiring interdisciplinary research to achieve a more comprehensive understanding of the problem. From September 2024 through March 2025, I used qualitative research methodology, specifically textual analysis, to research and analyze scholarly and non-scholarly sources from the disciplines of law and psychology. Such sources included relevant opinions of the Supreme Court, federal statutes and articles from scholarly journal articles. I determined conflicting insights from each discipline, found common ground between them, and integrated them to achieve a more comprehensive understanding of the problem. That more comprehensive understanding leads to suggested solutions of the problem. As a result of my research, I conclude that the psychological and physiological harm done to inmates in prolonged solitary confinement does constitute cruel and unusual punishment in violation of the Eighth Amendment, and state and federal courts should recognize it as such. Additionally, Congress and state legislatures should enact appropriate legislation banning the practice of prolonged solitary confinement in all cases.