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"Prolonged Solitary Confinement and the Constitution"

By Douglas A. Berman

The title of this post is te title of this new piece by Jules Lobel now available via SSRN.  Here is the abstract: This Article will address whether the increasing practice of prolonged or permanent solitary confinement constitutes cruel and unusual punishment in violation of the Constitution, and whether it violates the due process rights of the prisoners so confined. It will not only look at United States case law, but at the jurisprudence of international human rights courts, commissions, and institutions. As the U.S. Supreme Court has noted, international jurisprudence can be helpful in determining the scope and meaning of broad terms in our Constitution such as ?cruel and unusual punishments? or ?due process,? as those terms ought to be understood in the context of what has been deemed unacceptable by the world community...continue to full post

Full post as published by Sentencing Law and Policy on July 11, 2009 (boomark / email).