Cruel and Unusual

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Atul Gawande has a piece in the New Yorker arguing that lengthy periods of solitary confinement are so debilitating that it basically amounts to torture.  You can read the whole thing and decide for yourself, but I actually found this short passage to be the most convincing argument:

The wide-scale use of isolation is, almost exclusively, a phenomenon of the past twenty years. In 1890, the United States Supreme Court came close to declaring the punishment to be unconstitutional. Writing for the majority in the case of a Colorado murderer who had been held in isolation for a month, Justice Samuel Miller noted that experience had revealed “serious objections” to solitary confinement:

“A considerable number of the prisoners fell, after even a short confinement, into a semi-fatuous condition, from which it was next to impossible to arouse them, and others became violently insane; others, still, committed suicide; while those who stood the ordeal better were not generally reformed, and in most cases did not recover suffcient mental activity to be of any subsequent service to the community.”

If you go down the whole list of accepted norms in treating people — child labor, civil rights, treatment of the mentally ill, minimum housing standards, workplace safety, etc. — virtually everything that was even a close call in 1890 is universally reviled today.  Nobody’s in favor of kids working in mills, Jim Crow laws, packed lunatic asylums, rat-infested slums, or miners dying of black lung.  Our penal system is apparently the exception.  But if we knew, even in 1890, that long-term solitary confinement is essentially barbaric, can there really be any question about it in 2009?

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DEMOCRACY DOES NOT EXIST...

without free and fair elections, a vigorous free press, and engaged citizens to reclaim power from those who abuse it.

In this election year unlike any other—against a backdrop of a pandemic, an economic crisis, racial reckoning, and so much daily crazy—Mother Jones' journalism is driven by one simple question: Will America move closer to, or further from, justice and equity in the years to come?

If you're able to, please join us in this mission with a donation today. Our reporting right now is focused on voting rights and election security, corruption, disinformation, racial and gender equity, and the climate crisis. We can’t do it without the support of readers like you, and we need to give it everything we've got between now and November. Thank you.

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