Solitary Confinement

To many observers, the drawbacks of solitary confinement lie in its practice, not its principles. Although it may be useful in controlling inmate populations, solitary confinement procedures suffer from failure to properly monitor the medical and psychological state of those in “in the hole”, confinement for trivial offenses like “talking back” to corrections officials, and unacceptably long periods of isolation. The courts have shown no inclination to rein in these abuses, as judges tend to be extremely differential to the decisions and policies of prison officials.

Today no federal laws control the use of solitary confinement. Only one state, Washington, places a limit -20 days- on the length of time an inmate may be kept in isolation.

• If you were to draft a law regulating the use of solitary confinement, what elements would your law contain?
  
• Would you, like courts, give prison officials a “free hand” or would you restrict their discretion?
  
• Would you allow prisoners to challenge their solitary confinement in court?
  
• Your answer should take at least 3 full paragraphs