With criminal justice reform becoming a bipartisan policy issue, one of the central arguments bringing conservatives, such as Mike Lee (R-UT), John Cornyn (R-TX), and Rick Perry (R-TX), to the table is the heavy financial burden that comes with imprisoning hundreds of thousands of non-violent, low-level offenders. But a growing number of criminal justice proponents are embracing reform for another reason: the widespread denial of human dignity in prisons across the country.
Along those lines, conservatives are increasingly joining the fight to end solitary confinement on the basis that it constitutes a form of torture and undermines principles of morality and personhood.
According to a report released by the Federal Bureau of Prisons on Monday, 5 percent of the federal prison population was placed in a restricted housing unit as of November 2013. Guidelines for the use of segregation vary across the country, but it is generally used in one of three ways: as a disciplinary measure for prisoner misconduct, to protect inmates and ensure prison safety, and to ensure public safety.
BOP found that individuals held in segregation “have more frequent contact with medical, dental, and mental health service providers, all of whom are often mandated to make daily rounds of segregated housing units.” But scientists and criminal justice advocates agree that the nature of solitary confinement has long-lasting psychological and physiological effects on the human body — constituting a form of torture.
On average, solitary confinement involves placement in an isolated cell for at least 23 hours, and the inability to participate in social activities, group meals, and special inmate programs. Segregated prisoners suffer from “visual and auditory hallucinations, hypersensitivity to noise and touch, insomnia and paranoia, uncontrollable feelings of rage and fear…increased risk of suicide, [and] PTSD.” Neuroscientists believe that the stress of being in solitary can shrink the part of the brain that’s charged with memory and emotion function. Additionally, despite the frequent contact with health professionals mentioned by BOP, many prisons deny inmates in isolation food, water, and medical attention. Some die heinous deaths. And many individuals sent to isolation already have a history of mental illness.
We intentionally use the value and dignity of human life, which is something that resonates with conservatives.
Speaking to ThinkProgress about his own time in prison, outspoken opponent of solitary confinement Robert Dellelo recalled the mind games prison officials would play on him. Dellelo, who spent three months in solitary confinement, said guards would move objects around in his cell, during the one hour allotted for inmates to move around. For instance, staff would mix up papers and tamper with his food.
Reverend Laura Downton, the National Religious Campaign Against Torture’s (NRCAT) Director of U.S. Prisons Policy, explained to ThinkProgress, “There’s something fundamentally disturbing about denying the encounter with another human being — to deny someone all meaningful interaction. Many religious traditions say that to encounter our neighbor is to encounter the face of God.” NRCAT considers the of end of solitary confinement a moral imperative, citing God-given dignity, community, preservation of the mind, healing, and restorative justice as its operating principles. A significant portion of NRCAT members identify themselves as conservatives.
Indeed, interfaith religious groups are largely responsible for raising the alarm about the injustices of isolation. Justice Fellowship, a right-leaning Christian organization that advocates criminal justice reform, was founded in 1983 by Chuck Colson — President Nixon’s counsel who spent time behind bars for his involvement in Watergate. After interacting with other inmates, witnessing the horrendous conditions they were subjected to, and volunteering to spend time in segregation to experience it firsthand, Colson pledged to speak out and push for more just treatment of the prison population.
According to Senior Policy Adviser Heather Rice-Minus, the Justice Fellowship mission is holistic, and is concerned with prisoners’ rights, victims’ rights, and more recently, restorative justice programs that allow inmates and victims to come face-to-face to develop individualized restitution plans. “We try to promote constructive culture within prisons, and that means making sure that there are good conditions and that people have the opportunity to make amends and earn back the public’s trust. Solitary confinement is a space where this is not represented.”
There’s something fundamentally disturbing about denying the encounter with another human being — to deny someone all meaningful interaction.
Although they haven’t explicitly cited religious principles as the basis for their assessment, leaders on the Hill also espouse a moral argument for eliminating prison policies that threaten human dignity. Sen. Lee previously stated, “[Incumbent] in the power to punish crime is the corresponding responsibility to sentence offenders on an individualized basis and for no longer than necessary… and a commitment to rehabilitate as many offenders as possible, to prepare them for full re-integration into our society and economy.” Other politicians have spoken out about solitary confinement more directly. For example, Sen. Rand Paul (R-KY), who co-sponsored the REDEEM Act with Sen. Cory Booker (D-NJ) believes solitary confinement for juvenile offenders is cruel and counterproductive. During his time in office, Representative Frank Wolf (R-VA) also proposed that juveniles only be put in solitary confinement for protection. Moreover, Sen. John McCain (R-AZ), who was placed in solitary confinement for two years during the Vietnam War, has spoken out about the psychological trauma that comes with isolation.
“We intentionally [consider] the value and dignity of human life, which is something that resonates with conservatives. They’re the same values they apply to other social justice issues. Progressives have been at the forefront of this issue for quite some time, but sometimes [conservatives] describe it differently,” said Rice-Minus.
