Arguments Against Solitary Confinement

1757 Words8 Pages
In any given year in the United States, the juvenile detention system incarcerates over 100,000 juveniles in detention, correctional or shelter facilities. These facilities often implement the use of solitary confinement on these juveniles as a form of punishment or segregation. Solitary confinement is a practice used widely throughout the United States, and is not only an international human rights violation and in contravention of the Constitution of the United States, but is also mentally and physically crippling for minors. It can lead to mental illness, reintegration issues and possible reoffending later in life, thus bringing into question the legitimacy of its use. This paper will be discussing the topic of juvenile detention, drawing…show more content…
The juvenile detention system is based on the premise that adolescents have needs and capacities different from adults and are still developing mentally, physically, and emotionally . The primary difference between juvenile and regular courts is that the former were civil in nature, which mean judges could focus on the youth rather than the offence . These courts were based on the legal doctrine of parens patriae, which means ‘parent of the nation’ . This meant that the state was given the authority to make decisions for a child as a parent would and to act in the best interest of the child – the ultimate goal of the courts was rehabilitation and future reintegration, not punishment . In the 1960’s, the decision made by the Supreme Court in the case of In re Gault meant that juvenile offenders were afforded a number of constitutional rights that they were previously exempt from, such as right to legal counsel, privilege against self-incrimination and rights to an appeal . Although the intention of the Court was to ensure the constitutional rights of juveniles, its decision changed the nature of juvenile court system by opening the door that had previously separated the treatment of juvenile and adult offenders, and redefined it as an adversarial system…show more content…
In addition, the United Nations has found solitary confinement to be considered tantamount to “cruel or degrading treatment” , considering the severe mental pain or suffering it may cause . In 2011 they called for an absolute prohibition of solitary confinement of juveniles, with an UN expert stating “solitary confinement is a harsh measure which is contrary to rehabilitation” . Based on this, it would appear that the US is contravening its treaty agreements by placing juveniles in isolation. The Constitution of the United States contains a similar clause, though less specific, in the 8th Amendment which conditions “nor cruel or unusual punishments inflicted.” US courts recognize that psychological pain and suffering can and will equate as a challenge to this . Although the Supreme Court has never considered a case in which a party argued that solitary confinement as generally practiced in the United States is per se cruel and unusual, the Court has acknowledged that “[c]onfinement in . . . an isolation cell is a form of punishment subject to scrutiny under Eighth Amendment standards.” There have been some movement by US states towards a system that would abolish solitary confinement for juveniles. So far, Alaska, Connecticut, Maine, Oklahoma and West Virginia have banned the
Open Document