When most Americans hear the familiar constitutional phrase “cruel and unusual punishment” they can tell you what it means, at least to them. Hanging. Flogging. Chopping a hand off. Chain gangs.
Putting juvenile offenders in solitary confinement is high on my list of “cruel and unusual punishment.” What else do you call locking up fifteen, sixteen year olds, some even younger, in total isolation for 24 hours a day, in some cases for months at a time, never leaving their cells? “All an inmate’s needs are met right here,” was the way the warden of the adult county jail where I taught high school students proudly described it as he gave a group of professionals a tour of the new Special Housing Unit (SHU). It was true. Each cell had its own phone, shower, toilet, concrete bed, and adjacent small enclosed rec area. All an inmate’s needs were met, except for the most essential: human contact of any kind.
These conditions are intolerable for anyone and are replicated nationally in our jails. The United Nations Human Rights Council reported that the US has more inmates in solitary confinement than any other democratic nation. But locking up a kid in those conditions, a kid with more energy than a playground can hold; whose body at times practically vibrates with urges that many more advantaged teens struggle to control; whose emotional and intellectual development is at best undernourished, can only be called “cruel and unusual.”
Human Rights Watch agrees. It’s recently released “Against All Odds: Prison Conditions for Youth Offenders Serving Life Without Parole in the United States” documents the overuse of solitary confinement with minors and its devastating effects on them, effects heightened by the prospect of life without parole. The young people interviewed considered isolation a “profoundly difficult ordeal,” leaving them with “thoughts of suicide, feelings of intense loneliness or depression.”
But it’s not just “lifers” in solitary who experience those “profound effects.” I saw it when I visited my jailhouse students who were locked up in “the cage,” as they called it. They were there because corrections deemed them a threat to “safety and security.” In too many cases, however, that “threat” came from their acting-out behaviors due to untreated mental health issues or ADHD. Still others were seen as “pains in the ass” who “just needed to be taught a lesson.”
It didn’t take long for the new SHU to fall apart, the way everything else does in prison. Walls were scuffed and gouged from inmates being dragged in; cell door windows were smeared as guys jammed and angled their faces to see anything, anyone. The only thing shattering that intense sensory deprivation was the sound of inmates shouting to each other, howling through the thick walls, trying to connect with another human, announcing to the world, “I’m still alive.” And when they weren’t screaming, they were sleeping—15, 16 hours a day.
My students deteriorated as well. Once in isolation they abandoned any sense of civilized behavior. Young guys who would come to class shaven and showered, smelling of Old Spice deodorant, in fresh county oranges, now reeked of unwashed bodies; their hair dirty and matted, faces fuzzed; their eyes caked and puffy from sleep. I would bang on the window until they woke up and lifted their heads from under the pillows and blankets they burrowed under against the cold. They’d shuffle over to the door and we’d squat on our own sides of the concrete and glass wall and talk through the meal tray slot. It was then that I’d be hit by their sour, foul breath as though they were slowly decaying from the inside out.
Finally in 2009 the Department of Justice investigated these abuses. The DOJ reported that half of the inmates in the SHU were between 16 and 18, and that the average stay in isolation for juveniles was 365 days. As a result of these “extremely lengthy sentences,” the mental health of these young people worsened significantly, aggravated “by the jail’s failure” to provide routine treatment. Unfortunately, this is far from an isolated case. Abuses of minors in solitary are happening around the country.
I don’t know how many people get the irony involved here, but I do know that the kids I taught did, even though they never “got” irony in class: We lock children up in inhuman conditions in order to teach them how to act human. Unfortunately, as studies have shown, inmates learn a far different lesson. When they leave isolation they are angrier, more distrustful, more cynical about ever getting justice, and more prone to violence. What could be a more “cruel and unusual punishment” then to confirm these young people’s bedrock belief that America as it is now has no place for them other than behind bars?
Originally appeared in Youth Today




6 Comments

Was this a state facility or a for profit facility? Much of our behavior is learned from being with others. What ever mental state they were in when put into isolation will be magnified. A pious munk will become more religious. A violent person will be more violent. What these kids need are positive roll models. With positive roll models, 98% of juvinile offenders will have normal adult developmental outcomes, based on studies. A child is not the same as an adult. People in control of prisons need psychological counseling.
This was county facility i.e. run by a government agency. You raise many good points about development. Things that seem so logical from a psychological, commonsense point of view but once those ideas go through a jail gate all logic gets thrown out.
Until the public understands that the loss of freedom of movement, and the loss of human contact is an incredibly harsh punishment in and of itself, these cruel and unusual punishments we justify happening to “other” people – because “we” would never find ourselves in similar circumstances – will continue. Because “we” are TOUGH on crime.
And easy experiment is to not leave the house for a couple of days. Even with all the creature comforts of home, cabin fever sets in, and the urge to get out and interact with others is almost overwhelming – at least it is for me. To limit ability to move to a small, sterile cage is in itself, Kafkaesque. That despair is an immediate and long lasting effect goes well beyond cruel and unsual punishment.
A friend is in his mid-40′s. He’s a handful. Tourettes, and an inabiity to deal with his family’s evangelical religion led to a couple of stays in various juvenile lockups. The memories of those incarcerations still haunt him, and the pain is so close to the surface, he can hardly speak of it without becoming overwhlemed with a tsunami of emotion.
Long sentences with such privations – how could we possibly be more cruel?
And David, thanks for your public service, instructing us in the day to day details of incarceration instruction. There’s areason why prison riots never result in damage to prison classrooms.
America doesn’t care about kids or adults. How, for example, can the Republicans, who are all about LIFE and the honor of it (personhood from conception) not be fighting against the death penalty? Well, because they just don’t care…..they can judge better than anyone, now can’t they. That young people can be tortured is just, well, the penalty for being a young person from an unfortunate background, after all. You think some white kid from a rich family gets to endure such penalty? I think not.
We, the general populace, are bombarded with atrocities from so many directions that we don’t always know what to strike back against first. It’s overwhelming. Disheartening. Disgusting.
Thank you for this post.
Could the United Nations Rapporteur on Torture become involved in this? Such isolation of children is a crime against humanity.
“These conditions are intolerable for anyone…”
That’s kind of an absurd statement. Having a somewhat schizoid personality myself, those conditions sound like the next best thing to heaven to me. Hell, just include internet access and it actually would be heaven.