SOLITARY CONFINEMENT - PUNISHMENT WITHIN THE LETTER OF THE LAW, OR PSYCHOLOGICAL TORTURE

• NCJ Number: 5127
• Journal: Wisconsin Law Review Issue: 1 Dated: (1972) Pages: 223-311
• Author(s): R H THOENIG
• Date Published: 1972
• Length: 14 pages
• Corporate Author: University of Wisconsin-Madison
• Publication Format: Article

Annotation

EVOLUTION OF THE BAN ON CRUEL AND UNUSUAL PUNISHMENT IN SUPREME COURT AND FEDERAL COURTS, AND ITS POSSIBLE APPICATIONS TO THE CONDITIONS OF SOLITARY CONFINEMENT.

Abstract

ALTHOUGH THE SUPREME COURT HAS ESTABLISHED CRITERIA FOR DETERMINING IF PUNISHMENT IS CRUEL AND USUAL, THE LOWER FEDERAL COURTS HAVE BEEN RELUCTANT TO APPLY THE EIGHTH AMENDMENT TO SOLITARY CONFINEMENT. THE AUTHOR ANALYZES SEVERAL FEDERAL COURT CASES WHICH HAVE HELD THE CONDITIONS OF SOLITARY CONFINEMENT UNCONSTITUTIONAL. HE COMMENTS ON THE ADMISSABILITY OF PSYCHIATRIC AND PSYCHOLOGICAL EVIDENCE IN THOSE CASES. HE OUTLINES AN ARGUMENT FOR CONCLUDING THAT CAPITAL PUNISHMENT IS UNCONSTITUTIONAL PER SE.