About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

26 Cal. W. Int'l L.J. 139 (1995-1996)
International Protection of the Rights of Prisoners: Is Solitary Confinement in the United States a Violation of International Standards

handle is hein.journals/calwi26 and id is 151 raw text is: COMMENT INTERNATIONAL PROTECTION OF THE RIGHTS OF PRISONERS: IS SOLITARY CONFINEMENT IN THE UNITED STATES A VIOLATION OF INTERNATIONAL STANDARDS? Since the discovery of the human rights atrocities committed against detainees of World War II, treatment of prisoners has been an issue of worldwide concern. The international community's approach toward the treatment of prisoners has evolved into a formal recognition of basic prison- ers' rights. These rights are embodied in a series of resolutions, several conventions and elaborate model instruments setting out minimum standards and prohibitions applicable to prisoners and prison conditions. However, in spite of the development of this international body of law, prisoners remain a vulnerable population, and as such, are easy targets for continued human rights abuses. Routine cruelty of imprisonment is tolerated even in countries that are generally respectful of human rights, because prisons, by their nature, are out of sight; and because prisoners, by definition are outcasts.' According to the American Civil Liberties Union/Human Rights Watch Report, Human Rights Violations in the United States, the United States is guilty of many human rights violations against prisoners.' These violations include overcrowding,3 lack of protection against violence creating fear for personal safety,4 issues pertaining to female prisoners,5 and disciplinary and 1. HUMAN RIGHTS WATCH, THE HUMAN RIGHTS WATCH GLOBAL REPORT ON PRISONS xV (1993). 2. HUMAN RIGHTS WATCH & AMERICAN CIVIL LIBERTIES UNION, HUMAN RIGHTS VIOLATIONS IN THE UNITED STATES 98-114 (1993). 3. Overcrowding is the most significant cause of human rights abuses in the U.S. prison system. Id. at 103. At any given time, approximately 1.3 million men and women are incarcerated in the U.S. prisons and jails. Id. Overcrowding results in a lack of privacy, deteriorating prison conditions and sanitation, and reduced levels of basic necessities, such as staff supervision and health care services. Id. In the United States in January 1992, the courts found that overcrowding was so severe that it violated the constitutional prohibition on cruel and unusual punishment in forty states, the District of Columbia, and more than 500 jail jurisdic- tions. HUMAN RIGHTS WATCH, supra note 1, at 10. 4. Ultimately, these conditions can create significant stress which leads to violent resolution of a problem or dispute. HUMAN RIGHTS WATCH & AMERICAN CIVIL LIBERTIES UNION, supra note 2, at 101-03. Overcrowding exacerbates the problem of inmate-on-inmate violence by forcing prisoners to live together with little regard for individual tendencies toward violence. Id. at 103-108. Lack of space and privacy increases tension and stress which results in violent attacks by both prisoners and staff. Id. For a discussion of research on the effects of overcrowd- ing, see Barton L. Ingraham & Charles F. Wellford, The Totality of Conditions Test in Eighth Amendment Litigation in AMERICA'S CORRECTIONAL CRISIS: PRISON POPULATIONS AND PUBLIC POLICY 13, 24-29 (Stephen D. Gottfredson & Sean McConville eds., 1987). For a statistical study of the effects of overcrowding on prison violence, see Gerald G. Gaes & William J. McGuire, Prison Violence: The Contribution of Crowding Versus Other Determinants of Prison Assault Rates, 22 J. RESEARCH IN CRIME & DELINQUENCY 41 (1985).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most