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Is it inhumane for a "giant" criminal to be incarcerated in a small cell?

By Douglas A. Berman

The question in the title of this post might seem like an abstract query for those like Adam Kolber and the many others currently engaging in a robust theoretical debate about the significant of subjective experience to punishment theory and policies (see papers here and here and here and here and here and here for just a portion of this debate).  In fact, as detailed in this new BBC article, the question is currently before a court at The Hague:   A Dutch prisoner described by his lawyer as a giant has gone to court over the size of his single cell, arguing that it is inhumanely small.  The prisoner, 2.07m tall (6ft 9in) and 230kg (36st), says he cannot properly sleep or use the toilet. Prison officials have tried to relieve his discomfort by adding a a 2...continue to full post

Full post as published by Sentencing Law and Policy on January 28, 2011 (boomark / email).