Is Isolation Cruel and Unusual Punishment?

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Is Isolation Cruel and Unusual Punishment?

Post by MediumTex »

Or maybe the question should be: "Are we okay with subjecting prisoners to treatment that is known to induce insanity in almost all people who are subjected to it?"

It seems to me that destroying someone's mind is only slightly worse than executing them, and in many ways it seems more brutal.  You are talking about erasing someone's identity while inflicting maximum mental pain in the process.  You are basically detonating a psychological neutron bomb that wrecks everything human inside a person while leaving the physical body more or less intact.  It's kind of like what they did to Winston in 1984.
The experiences of prisoners held in solitary confinement—the despair, the disorientation, the hallucinations—are well documented, but laboratory observations of isolated human subjects and the profound effects of extreme confinement are exceedingly rare, in part because such experiments might have trouble getting past institutional review boards these days. But that wasn't the case during the '50s, when Donald O. Hebb, a professor of psychology at Montreal's McGill University, set out to study how sensory isolation affects human cognition.

Hebb had previously examined the effects of visual deprivation in rats as a doctoral candidate at Harvard University. In 1951, he secured a $10,000 grant from the Canadian Defence Research Board to expand his research to human subjects. The results were dramatic. Depriving a man of sensory input, he soon discovered, will break him in a matter of days.

Hebb's experiments went well beyond the level of isolation prisoners typically experience in solitary. He offered male graduate students $20 a day—excellent pay for the time—to stay in small chambers containing little more than a bed. "It would be a bit more than a meter wide and a couple of meters long, probably enough for a table or something," recalls Peter Milner, one of Hebb's former graduate students who is now an emeritus psychology professor at McGill.

At the time, Milner was working on another project for Hebb, but he saw the sensory deprivation rooms firsthand. "They were given food by human beings, and also when they needed to use the washrooms and things they would be escorted there by other human beings. So they weren't completely alone," Milner says. He recalls watching as the subjects were led down the hall to the bathroom clad in frosted-over goggles. "They wore goggles and earphones and [there was] some sort of noise, just white noise, from a loudspeaker," he says.

Prone in their isolation rooms, the volunteers also wore gloves and cardboard tubes over their arms to limit their sense of touch. A U-shaped pillow covered their ears and the hum of an air conditioner further obscured outside noise. "According to his theory, the brain would deteriorate if it didn't have a continuous stream of sensory input," Milner told me. "It was really just a test of this theory, which in any case didn't really hold together much, although these sensory deprivation experiments tended to support it."

Hebb had reportedly hoped to observe his subjects for six weeks. As it turned out, the majority lasted no more than a few days in isolation—and none more than a week. "Most of the subjects had planned to think about their work: Some intended to review their studies, some to plan term papers, and one thought he would organize a lecture he had to deliver," wrote Woodburn Heron, one of Hebb's collaborators, in "The Pathology of Boredom," a 1957 Scientific American article describing the experiments. "Nearly all of them reported that the most striking thing about the experience was that they were unable to think clearly about anything for any length of time and that their thought processes seemed to be affected in other ways."

A series of cognitive tests showed that the volunteers' mental faculties were, in fact, temporarily impaired. While in isolation, for instance, the subjects were played tapes arguing that supernatural phenomena, including ghosts and poltergeists, were real; when interviewed later, they proved amenable to such beliefs. They performed poorly on grade-school tasks involving simple arithmetic, word associations, and pattern recognition. They also experienced extreme restlessness, childish emotional responses, and vivid hallucinations. "The subjects had little control over the content" of their visions, Heron wrote. "One man could see nothing but dogs, another nothing but eyeglasses of various types, and so on."

Nor were their hallucinations merely visual: One volunteer repeatedly heard a music box playing; another heard a full choir accompanying his vision of the sun rising over a church. "One had a feeling of being hit in the arm by pellets fired from a miniature rocket ship he saw; another reaching out to touch a doorknob in his vision felt an electric shock," Heron wrote.

Inspired by Hebb's work, D. Ewen Cameron, head of McGill's psychiatry department during the 1950s, began employing sensory deprivation as part of a technique called "psychic driving," his unsuccessful attempt to "reprogram" the minds of mentally ill patients, some of whom later sued Cameron, according to Milner. In 1956, Cameron wrote in the American Journal of Psychiatry that he would hypnotize his schizophrenic patients "under stimulant drugs and after prolonged psychological isolation."

Cameron's experiments were torture, Milner told me, because unlike Hebb's volunteers, Cameron's subjects were entirely under his control. "They were sick people," he says. "They came to him because they had a mental illness, and his job was to cure them. If they had been day patients they would have not bothered to come back. But because they were hospitalized there wasn't much the patient could do. Hebb thought it was not only stupid, but rather wicked. And he was right."  Hebb and his collaborators, Milner says, never intended to advance techniques that could be used to soften up prisoners.

Hebb's work wasn't driven entirely by academic curiosity. There was a concern during the 1950s that the Soviets were using sensory deprivation to brainwash Canadian POWs in Korea, and the McGill researchers viewed their own work—some of which the Canadian government forbid Hebb from publishing—as an attempt to understand sensory deprivation so that some sort of defense might be devised against it. Yet this type of knowledge was famously put to use as part of the Bush-era program of "enhanced interrogation" (a.k.a. torture) of US detainees. As The New Yorker's Jane Mayer has reported, psychologists versed in techniques of "Survival, Evasion, Resistance, and Escape"—a military program wherein soldiers were exposed to extreme conditions, including isolation, that they might encounter as POWs—were enlisted to advise interrogators at Guantanamo Bay. According to Mayer's sources, they essentially "tried to reverse-engineer" SERE techniques to extract information from enemy combatants.

In any case, there's a big difference between voluntary isolation, however extreme, and the situation in which thousands of American prisoners find themselves today—stuck in tiny cells for an indefinite length of time with minimal human contact and no clear process by which they might earn their way out. "The really scary thing," noted Sara Shourd, one of three Americans taken captive by Iranian forces in 2009, in a recent interview with Mother Jones' James Ridgeway, "is that the US government and many governments were very critical of Iran for holding me in solitary for 13 and a half months, but when I got out I was shocked to find that the US had more people in solitary confinement than any other country—and in this country it is used routinely as an administrative practice, not as a very last resort."

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Re: Is Isolation Cruel and Unusual Punishment?

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And what's worse, the effects will last long after leaving the mortal coil.  That's what troubles me the most.  The karmic implications are scary.
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Re: Is Isolation Cruel and Unusual Punishment?

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I'm just bumping this one to see if anyone else has anything to contribute.
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Re: Is Isolation Cruel and Unusual Punishment?

Post by Mark Leavy »

There's a very thought provoking book, "In Defense of Flogging", that makes the argument that imprisonment itself is cruel and unusual.

http://www.amazon.com/In-Defense-Floggi ... 0465032419

It's a quick read, and doesn't claim to have all of the answers.  He takes a look at many cultures past and present and points out that much of imprisonment can be eliminated by resorting to fines, corporal punishment, banishment and the death penalty.  His argument is, that as horrific as some of these other punishments might be, they are actually much more reasonable than submitting someone to an environment of endless abuse, terror, rape and isolation.

Personally, I can't imagine being locked up, let alone solitary confinement.  I think I would go insane in very short order.  I would much prefer to take some physical punishment and then get on with life.
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Re: Is Isolation Cruel and Unusual Punishment?

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While admittedly not being very well-versed in the topic, I think I agree with Mark. Though "cruel and unusual" is inherently a moving target as societal mores change, it seems hard to contest that imprisonment fits the definition. My own recent experience with a misbehaving child has reinforced that brief physical punishment was both more humane AND more effective than prolonged restraint or imprisonment (putting him in his room or holding him in the naughty chair). Imprisonment only makes sense to me when the goal is social isolation for the most dangerous people who really cannot be allowed in society, but for whom social mores and concerns about false conviction preclude execution.
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Re: Is Isolation Cruel and Unusual Punishment?

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Pointedstick wrote: Imprisonment only makes sense to me when the goal is social isolation for the most dangerous people who really cannot be allowed in society, but for whom social mores and concerns about false conviction preclude execution.
Yeah, well, law and order conservatives don't agree with you.  I don't rightly know, but I think they get off on this kind of eternal torture stuff to be allowing it to "criminals" way less than terrorists or mass murderers.  Just look at Cheney or Graham.  If anything would knock some sense into their elitist heads, it would be them getting a taste of their own horror show.  Hypocrites.

P.S. Heck, it's probably all the religious mysticism B.S...  Maybe they fancy themselves demigods doling out punishment to hell.
Last edited by MachineGhost on Sun Jun 07, 2015 11:07 am, edited 1 time in total.
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Re: Is Isolation Cruel and Unusual Punishment?

Post by Libertarian666 »

MachineGhost wrote:
Pointedstick wrote: Imprisonment only makes sense to me when the goal is social isolation for the most dangerous people who really cannot be allowed in society, but for whom social mores and concerns about false conviction preclude execution.
Yeah, well, law and order conservatives don't agree with you.  I don't rightly know, but I think they get off on this kind of eternal torture stuff to be allowing it to "criminals" way less than terrorists or mass murderers.  Just look at Cheney or Graham.  If anything would knock some sense into their elitist heads, it would be them getting a taste of their own horror show.  Hypocrites.

P.S. Heck, it's probably all the religious mysticism B.S...  Maybe they fancy themselves demigods doling out punishment to hell.
Sounds right to me.
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Re: Is Isolation Cruel and Unusual Punishment?

Post by MediumTex »

There is something sort of bizarre about a 55 year old guy sitting in a prison cell because he killed someone 35 years ago while he was high and he doesn't really remember that much about what actually happened that night.

What is the purpose of keeping this person in a cage until he dies?

Most criminals who aren't sent to prison age out of crime in their late 20s or early 30s, so if we let our 55 year old lifer go I doubt he will immediately kill someone else.  If we give him a place to live and some job training he might actually be a productive member of society.

It seems to me that punishment needs to be relatively close in time to the offense or people don't know what they are even being punished for.  The 55 year old doing life would probably say he is in prison because he is in prison.  To a person who is 55, what happened on one night when he was 19 is pretty remote from who he is today.  It's not that he isn't responsible for what he did, it's just that he is a completely different person today than he was then.

I almost think that cutting off hands, whipping, branding and other things we think of as barbaric might actually be more civilized AND more effective than simply putting someone in a cage for decades in an environment that destroys one's ability to function on the outside if they ever were to be released.  Long prison sentences take almost everything away from a criminal that makes him human.  He has no control over anything and there are forces bearing down on him every day that almost seem designed to promote and aggravate mental illness.
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Re: Is Isolation Cruel and Unusual Punishment?

Post by Mark Leavy »

If it was a choice of cut off my right hand or prison for 10 years - I wouldn't hesitate a minute.

I really like my right hand.  Seriously.

But I would lose it in a minute to avoid 10 years of prison.
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Re: Is Isolation Cruel and Unusual Punishment?

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Mark Leavy wrote: If it was a choice of cut off my right hand or prison for 10 years - I wouldn't hesitate a minute.

I really like my right hand.  Seriously.

But I would lose it in a minute to avoid 10 years of prison.
And we're not just talking about 10 years of wasted time.  We are talking about 10 years in an environment that is dangerous, depressing, and toxic to mental health.

And just to make sure that you know you are still a piece of shit in the eyes of society even after you serve your prison sentence, when you get out you can't get a place to live or find a job because most apartments and most employers don't want to do business with convicted felons, which pushes you back toward crime because you have to find some way to survive.

I think that when people talk about cruel and unusual punishment, they focus too much on the physical aspects of punishment and not nearly enough on the emotional and psychological toll it takes on a person to be locked up with a bunch of violent and/or mentally ill people for years or even decades.
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Re: Is Isolation Cruel and Unusual Punishment?

Post by dualstow »

Isolation, for long enough, is worse than death. There's no point staying alive if one is going to be driven insane.
I was always a fan of banishment in ancient times -- no, I wasn't there -- but I'm not sure how that would work in modern times.
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Re: Is Isolation Cruel and Unusual Punishment?

Post by Mountaineer »

Perhaps we should ask the question:

Is the purpose of long term confinement to reform the criminal, or to show what happens if one breaks the law?  In other words, for the benefit of the criminal, or the benefit of society?  Maybe we should have a reality show about the horrors of long term confinement - the Kardashian Klan could star and Obama could be a sadistic prison guard.

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Re: Is Isolation Cruel and Unusual Punishment?

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Mountaineer wrote: Perhaps we should ask the question:

Is the purpose of long term confinement to reform the criminal, or to show what happens if one breaks the law?  In other words, for the benefit of the criminal, or the benefit of society?  Maybe we should have a reality show about the horrors of long term confinement - the Kardashian Klan could star and Obama could be a sadistic prison guard.

... Mountaineer
By building the prisons away from major cities, states would seemingly like to keep their criminal justice systems low key, but there have been quite a few good shows in recent years documenting the horrors of life in prison.

Rehabilitation does not appear to be a serious objective in today's prisons.  I think that the goal of most prison systems today is to just provide economic security to the prison employees and private contractors who rely on a vibrant prison system for their livelihood (and you need a bunch of prisoners to do that).  There are obviously some really bad people in prison who need to be in prison (or perhaps a mental hospital), but that core group of really bad people is overwhelmed in numbers by people who are in for various drug offenses that probably shouldn't be illegal in the first place.  The whole thing has a sort of scam-like quality to it, which is really sad considering how much pain prison life inflicts on prisoners.

Imagine a fishing tournament where you send the fish you catch to an aquarium in some distant small town that is designed to be uncomfortable for fish for several years before bringing the fish back to the lake where you caught them for release.  That's our criminal justice system today.
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Re: Is Isolation Cruel and Unusual Punishment?

Post by Pointedstick »

The prison system is incoherent. If the goal is deterrence, they should be highly visible to the public, and the barbarity of the punishment should be constantly on display for all to see.

If the goal is rehabilitation, then there shouldn't be solitary confinement, an environment of abuse, permanent criminal records, and the like.

If the goal is segregation from the general population, then in the absence of rehabilitation, every sentence should be a life sentence--what's the point of releasing someone who the system has determined to be too dangerous to be a free man?

If the goal is vengeance… well, I'd say it's doing a pretty good job. So actually, I take it back. There's nothing incoherent about the goal of the prison system at all.
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Re: Is Isolation Cruel and Unusual Punishment?

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Pointedstick wrote: If the goal is vengeance… well, I'd say it's doing a pretty good job. So actually, I take it back. There's nothing incoherent about the goal of the prison system at all.
I think this is one of those situations Jesus was talking about when he said first cast the beam out of your own eye before you try to cast the speck out of someone else's (or something like that). We look at the harsh punishments dished out in Moslem countries, like cutting off hands for stealing and say how awful without giving a thought to the cruelty our own prison systems and how we have the highest incarceration rates in the world.
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Re: Is Isolation Cruel and Unusual Punishment?

Post by Libertarian666 »

madbean2 wrote:
Pointedstick wrote: If the goal is vengeance… well, I'd say it's doing a pretty good job. So actually, I take it back. There's nothing incoherent about the goal of the prison system at all.
I think this is one of those situations Jesus was talking about when he said first cast the beam out of your own eye before you try to cast the speck out of someone else's (or something like that). We look at the harsh punishments dished out in Moslem countries, like cutting off hands for stealing and say how awful without giving a thought to the cruelty our own prison systems and how we have the highest incarceration rates in the world.
Yep.
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Re: Is Isolation Cruel and Unusual Punishment?

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You there, Ephialtes. May you live forever.
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Re: Is Isolation Cruel and Unusual Punishment?

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Kriegsspiel wrote: What about UNconvicted felons?
There seems to be a serious lack of accountability in the prison industrial complex system.  Who's getting fired or sued?  No one as far as I can tell.

I also wonder what the hell happened to the liberal rehabilitation movement that took decades to get off the ground because of law and order conservative opposition?  Did the Drug War kill it?
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