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70 U. Pitt. L. Rev. 647 (2008-2009)
Anxiety, Despair, and the Maddening Isolation of Solitary Confinement: Invoking the First Amendment's Protection against State Action that Invades the Sphere of the Intellect and Spirit

handle is hein.journals/upitt70 and id is 655 raw text is: NOTES ANXIETY, DESPAIR, AND THE MADDENING ISOLATION OF SOLITARY CONFINEMENT: INVOKING THE FIRST AMENDMENT'S PROTECTION AGAINST STATE ACTION THAT INVADES THE SPHERE OF THE INTELLECT AND SPIRIT Jeffrey Smith McLeod* Table of Contents I. Introduction ........................................... 649 II. A Brief History of Solitary Confinement and Its Use in U .S. Prisons .......................................... 650 A. Solitary Confinement in the Twentieth Century ........... 652 B. M odem Practices ................................... 653 III. The Effects and Efficacy of Solitary Confinement ............ 655 IV. The Eighth Amendment as It Applies to Solitary Confinement ... 657 A. The Eighth Amendment ............................ 659 B. Traditional Eighth Amendment Jurisprudence ............ 659 C. Modem Eighth Amendment Jurisprudence ............... 660 D. Challenging the Use of Solitary Confinement Under the Eighth Amendment ................................. 663 * J.D. 2009, University of Pittsburgh School of Law; M.S.P.P.M. 2009, Carnegie Mellon University, H.J. Heinz III College, School of Public Policy and Management; A.B. 2002, University of Michigan. Thanks to Jules Lobel, Andrew Taslitz, Richard Delgado, Mitchell Crusto, Caroline Smith, and Allison Sanders McLeod for their helpful comments on drafts of this Note. Thanks also to the University of Pittsburgh Law Review for their editing assistance and the Document Technology Center for their technical support.

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