Old but very good-
http://www.newyorker.com/online/blogs/backissues/2010/12/in-solitary.html
ANNALS OF HUMAN RIGHTS
HELLHOLE
The United States holds
tens of thousands of inmates in long-term solitary confinement. Is this
torture?
by Atul GawandeMARCH 30, 2009
Human beings are social creatures. We are social
not just in the trivial sense that we like company, and not just in the obvious
sense that we each depend on others. We are social in a more elemental way:
simply to exist as a normal human being requires interaction with other people.
Children provide the
clearest demonstration of this fact, although it was slow to be accepted. Well
into the nineteen-fifties, psychologists were encouraging parents to give
children less attention and affection, in order to encourage
independence. Then Harry Harlow, a professor of psychology at the University of
Wisconsin at Madison, produced a series of influential studies involving baby
rhesus monkeys.
He happened upon the
findings in the mid-fifties, when he decided to save money for his
primate-research laboratory by breeding his own lab monkeys instead of
importing them from India. Because he didn’t know how to raise infant monkeys,
he cared for them the way hospitals of the era cared for human infants—in
nurseries, with plenty of food, warm blankets, some toys, and in isolation from
other infants to prevent the spread of infection. The monkeys grew up sturdy,
disease-free, and larger than those from the wild. Yet they were also
profoundly disturbed, given to staring blankly and rocking in place for long
periods, circling their cages repetitively, and mutilating themselves.
At first, Harlow and his
graduate students couldn’t figure out what the problem was. They considered
factors such as diet, patterns of light exposure, even the antibiotics they
used. Then, as Deborah Blum recounts in a fascinating biography of Harlow,
“Love at Goon Park,” one of his researchers noticed how tightly the monkeys
clung to their soft blankets. Harlow wondered whether what the monkeys were
missing in their Isolettes was a mother. So, in an odd experiment, he gave them
an artificial one.
In the studies, one
artificial mother was a doll made of terry cloth; the other was made of wire.
He placed a warming device inside the dolls to make them seem more comforting.
The babies, Harlow discovered, largely ignored the wire mother. But they became
deeply attached to the cloth mother. They caressed it. They slept curled up on
it. They ran to it when frightened. They refused replacements: they wanted only
“their” mother. If sharp spikes were made to randomly thrust out of the
mother’s body when the rhesus babies held it, they waited patiently for the
spikes to recede and returned to clutching it. No matter how tightly they clung
to the surrogate mothers, however, the monkeys remained psychologically
abnormal.
In a later study on the
effect of total isolation from birth, the researchers found that the test
monkeys, upon being released into a group of ordinary monkeys, “usually go into
a state of emotional shock, characterized by . . . autistic self-clutching and
rocking.” Harlow noted, “One of six monkeys isolated for three months refused
to eat after release and died five days later.” After several weeks in the
company of other monkeys, most of them adjusted—but not those who had been
isolated for longer periods. “Twelve months of isolation almost obliterated the
animals socially,” Harlow wrote. They became permanently withdrawn, and they
lived as outcasts—regularly set upon, as if inviting abuse.
The research made Harlow
famous (and infamous, too—revulsion at his work helped spur the animal-rights
movement). Other psychologists produced evidence of similarly deep and
sustained damage in neglected and orphaned children. Hospitals were made to
open up their nurseries to parents. And it became widely accepted that children
require nurturing human beings not just for food and protection but also for
the normal functioning of their brains.
We have been hesitant to
apply these lessons to adults. Adults, after all, are fully formed, independent
beings, with internal strengths and knowledge to draw upon. We wouldn’t have
anything like a child’s dependence on other people, right? Yet it seems that we
do. We don’t have a lot of monkey experiments to call upon here. But mankind
has produced tens of thousands of human ones, including in our prison system.
And the picture that has emerged is profoundly unsettling.
Among our most benign experiments are those with
people who voluntarily isolate themselves for extended periods. Long-distance
solo sailors, for instance, commit themselves to months at sea. They face all
manner of physical terrors: thrashing storms, fifty-foot waves, leaks, illness.
Yet, for many, the single most overwhelming difficulty they report is the
“soul-destroying loneliness,” as one sailor called it. Astronauts have to be
screened for their ability to tolerate long stretches in tightly confined
isolation, and they come to depend on radio and video communications for social
contact.
The problem of isolation
goes beyond ordinary loneliness, however. Consider what we’ve learned from
hostages who have been held in solitary confinement—from the journalist Terry
Anderson, for example, whose extraordinary memoir, “Den of Lions,” recounts his
seven years as a hostage of Hezbollah in Lebanon.
Anderson was the chief
Middle East correspondent for the Associated Press when, on March 16, 1985,
three bearded men forced him from his car in Beirut at gunpoint. He was pushed
into a Mercedes sedan, covered head to toe with a heavy blanket, and made to
crouch head down in the footwell behind the front seat. His captors drove him
to a garage, pulled him out of the car, put a hood over his head, and bound his
wrists and ankles with tape. For half an hour, they grilled him for the names
of other Americans in Beirut, but he gave no names and they did not beat him or
press him further. They threw him in the trunk of the car, drove him to another
building, and put him in what would be the first of a succession of cells
across Lebanon. He was soon placed in what seemed to be a dusty closet, large
enough for only a mattress. Blindfolded, he could make out the distant sounds
of other hostages. (One was William Buckley, the C.I.A. station chief who was
kidnapped and tortured repeatedly until he weakened and died.) Peering around
his blindfold, Anderson could see a bare light bulb dangling from the ceiling.
He received three unpalatable meals a day—usually a sandwich of bread and
cheese, or cold rice with canned vegetables, or soup. He had a bottle to
urinate in and was allotted one five- to ten-minute trip each day to a rotting
bathroom to empty his bowels and wash with water at a dirty sink. Otherwise,
the only reprieve from isolation came when the guards made short visits to bark
at him for breaking a rule or to threaten him, sometimes with a gun at his
temple.
He missed people
terribly, especially his fiancée and his family. He was despondent and
depressed. Then, with time, he began to feel something more. He felt himself
disintegrating. It was as if his brain were grinding down. A month into his
confinement, he recalled in his memoir, “The mind is a blank. Jesus, I always
thought I was smart. Where are all the things I learned, the books I read, the
poems I memorized? There’s nothing there, just a formless, gray-black misery.
My mind’s gone dead. God, help me.”
He was stiff from lying
in bed day and night, yet tired all the time. He dozed off and on constantly,
sleeping twelve hours a day. He craved activity of almost any kind. He would
watch the daylight wax and wane on the ceiling, or roaches creep slowly up the
wall. He had a Bible and tried to read, but he often found that he lacked the
concentration to do so. He observed himself becoming neurotically possessive
about his little space, at times putting his life in jeopardy by flying into a
rage if a guard happened to step on his bed. He brooded incessantly, thinking
back on all the mistakes he’d made in life, his regrets, his offenses against
God and family.
His captors moved him
every few months. For unpredictable stretches of time, he was granted the
salvation of a companion—sometimes he shared a cell with as many as four other
hostages—and he noticed that his thinking recovered rapidly when this occurred.
He could read and concentrate longer, avoid hallucinations, and better control
his emotions. “I would rather have had the worst companion than no companion at
all,” he noted.
In September, 1986,
after several months of sharing a cell with another hostage, Anderson was, for
no apparent reason, returned to solitary confinement, this time in a
six-by-six-foot cell, with no windows, and light from only a flickering
fluorescent lamp in an outside corridor. The guards refused to say how long he
would be there. After a few weeks, he felt his mind slipping away again.
“I find myself trembling
sometimes for no reason,” he wrote. “I’m afraid I’m beginning to lose my mind,
to lose control completely.”
One day, three years
into his ordeal, he snapped. He walked over to a wall and began beating his
forehead against it, dozens of times. His head was smashed and bleeding before
the guards were able to stop him.
Some hostages fared
worse. Anderson told the story of Frank Reed, a fifty-four-year-old American
private-school director who was taken hostage and held in solitary confinement
for four months before being put in with Anderson. By then, Reed had become
severely withdrawn. He lay motionless for hours facing a wall, semi-catatonic.
He could not follow the guards’ simplest instructions. This invited abuse from
them, in much the same way that once isolated rhesus monkeys seemed to invite
abuse from the colony. Released after three and a half years, Reed ultimately
required admission to a psychiatric hospital.
“It’s an awful thing,
solitary,” John McCain wrote of his five and a half years as a prisoner of war
in Vietnam—more than two years of it spent in isolation in a
fifteen-by-fifteen-foot cell, unable to communicate with other P.O.W.s except
by tap code, secreted notes, or by speaking into an enamel cup pressed against
the wall. “It crushes your spirit and weakens your resistance more effectively
than any other form of mistreatment.” And this comes from a man who was beaten
regularly; denied adequate medical treatment for two broken arms, a broken leg,
and chronic dysentery; and tortured to the point of having an arm broken again.
A U.S. military study of almost a hundred and fifty naval aviators returned
from imprisonment in Vietnam, many of whom were treated even worse than McCain,
reported that they found social isolation to be as torturous and agonizing as
any physical abuse they suffered.
And what happened to
them was physical. EEG studies going back to the nineteen-sixties have
shown diffuse slowing of brain waves in prisoners after a week or more of
solitary confinement. In 1992, fifty-seven prisoners of war, released after an
average of six months in detention camps in the former Yugoslavia, were
examined using EEG-like tests. The recordings revealed brain abnormalities months
afterward; the most severe were found in prisoners who had endured either head
trauma sufficient to render them unconscious or, yes, solitary confinement.
Without sustained social interaction, the human brain may become as impaired as
one that has incurred a traumatic injury.
On December 4, 1991,
Terry Anderson was released from captivity. He had been the last and the
longest-held American hostage in Lebanon. I spoke to Keron Fletcher, a former
British military psychiatrist who had been on the receiving team for Anderson
and many other hostages, and followed them for years afterward. Initially,
Fletcher said, everyone experiences the pure elation of being able to see and
talk to people again, especially family and friends. They can’t get enough of
other people, and talk almost non-stop for hours. They are optimistic and
hopeful. But, afterward, normal sleeping and eating patterns prove difficult to
reëstablish. Some have lost their sense of time. For weeks, they have trouble
managing the sensations and emotional complexities of their freedom.
For the first few months
after his release, Anderson said when I reached him by phone recently, “it was
just kind of a fog.” He had done many television interviews at the time. “And
if you look at me in the pictures? Look at my eyes. You can tell. I look
drugged.”
Most hostages survived
their ordeal, Fletcher said, although relationships, marriages, and careers
were often lost. Some found, as John McCain did, that the experience even
strengthened them. Yet none saw solitary confinement as anything less than
torture. This presents us with an awkward question: If prolonged isolation
is—as research and experience have confirmed for decades—so objectively
horrifying, so intrinsically cruel, how did we end up with a prison system that
may subject more of our own citizens to it than any other country in history
has?
Recently, I met a man who had spent more than
five years in isolation at a prison in the Boston suburb of Walpole,
Massachusetts, not far from my home. Bobby Dellelo was, to say the least, no
Terry Anderson or John McCain. Brought up in the run-down neighborhoods of
Boston’s West End, in the nineteen-forties, he was caught burglarizing a shoe
store at the age of ten. At thirteen, he recalls, he was nabbed while robbing a
Jordan Marsh department store. (He and his friends learned to hide out in
stores at closing time, steal their merchandise, and then break out during the
night.) The remainder of his childhood was spent mostly in the state reform
school. That was where he learned how to fight, how to hot-wire a car with a
piece of foil, how to pick locks, and how to make a zip gun using a snapped-off
automobile radio antenna, which, in those days, was just thick enough to barrel
a .22-calibre bullet. Released upon turning eighteen, Dellelo returned to
stealing. Usually, he stole from office buildings at night. But some of the
people he hung out with did stickups, and, together with one of them, he held
up a liquor store in Dorchester.
“What a disaster that
thing was,” he recalls, laughing. They put the store’s owner and the customers
in a walk-in refrigerator at gunpoint, took their wallets, and went to rob the
register. But more customers came in. So they robbed them and put them in the
refrigerator, too. Then still more customers arrived, the refrigerator got
full, and the whole thing turned into a circus. Dellelo and his partner finally
escaped. But one of the customers identified him to the police. By the time he
was caught, Dellelo had been fingered for robbing the Commander Hotel in
Cambridge as well. He served a year for the first conviction and two and a half
years for the second.
Three months after his
release, in 1963, at the age of twenty, he and a friend tried to rob the
Kopelman jewelry store, in downtown Boston. But an alarm went off before they
got their hands on anything. They separated and ran. The friend shot and killed
an off-duty policeman while trying to escape, then killed himself. Dellelo was
convicted of first-degree murder and sentenced to life in prison. He ended up
serving forty years. Five years and one month were spent in isolation.
The criteria for the
isolation of prisoners vary by state but typically include not only violent
infractions but also violation of prison rules or association with gang
members. The imposition of long-term isolation—which can be for months or
years—is ultimately at the discretion of prison administrators. One former
prisoner I spoke to, for example, recalled being put in solitary confinement
for petty annoyances like refusing to get out of the shower quickly enough.
Bobby Dellelo was put there for escaping.
It was an elaborate
scheme. He had a partner, who picked the lock to a supervisor’s office and got
hold of the information manual for the microwave-detection system that
patrolled a grassy no man’s land between the prison and the road. They studied
the manual long enough to learn how to circumvent the system and returned it.
On Halloween Sunday, 1993, they had friends stage a fight in the prison yard.
With all the guards in the towers looking at the fight through binoculars, the
two men tipped a picnic table up against a twelve-foot wall and climbed it like
a ladder. Beyond it, they scaled a sixteen-foot fence. To get over the razor
wire on top, they used a Z-shaped tool they’d improvised from locker handles.
They dropped down into the no man’s land and followed an invisible path that
they’d calculated the microwave system would not detect. No alarm sounded. They
went over one more fence, walked around a parking lot, picked their way through
some woods, and emerged onto a four-lane road. After a short walk to a
convenience store, they called a taxi from a telephone booth and rolled away
before anyone knew they were gone.
They lasted twenty-four
days on the outside. Eventually, somebody ratted them out, and the police
captured them on the day before Thanksgiving, at the house of a friend in
Cambridge. The prison administration gave Dellelo five years in the
Departmental Disciplinary Unit of the Walpole prison, its hundred-and-twenty-four-cell
super-maximum segregation unit.
Wearing ankle bracelets,
handcuffs, and a belly chain, Dellelo was marched into a thirteen-by-eight-foot
off-white cell. A four-inch-thick concrete bed slab jutted out from the wall
opposite the door. A smaller slab protruding from a side wall provided a desk.
A cylindrical concrete block in the floor served as a seat. On the remaining
wall was a toilet and a metal sink. He was given four sheets, four towels, a
blanket, a bedroll, a toothbrush, toilet paper, a tall clear plastic cup, a bar
of soap, seven white T-shirts, seven pairs of boxer shorts, seven pairs of
socks, plastic slippers, a pad of paper, and a ballpoint pen. A speaker with a
microphone was mounted on the door. Cells used for solitary confinement are
often windowless, but this one had a ribbonlike window that was seven inches
wide and five feet tall. The electrically controlled door was solid steel, with
a seven-inch-by-twenty-eight-inch aperture and two wickets—little door slots,
one at ankle height and one at waist height, for shackling him whenever he was
let out and for passing him meal trays.
As in other
supermaxes—facilities designed to isolate prisoners from social contact—Dellelo
was confined to his cell for at least twenty-three hours a day and permitted
out only for a shower or for recreation in an outdoor cage that he estimated to
be fifty feet long and five feet wide, known as “the dog kennel.” He could talk
to other prisoners through the steel door of his cell, and during recreation if
a prisoner was in an adjacent cage. He made a kind of fishing line for passing
notes to adjacent cells by unwinding the elastic from his boxer shorts, though
it was contraband and would be confiscated. Prisoners could receive mail and as
many as ten reading items. They were allowed one phone call the first month and
could earn up to four calls and four visits per month if they followed the
rules, but there could be no physical contact with anyone, except when guards
forcibly restrained them. Some supermaxes even use food as punishment, serving
the prisoners nutra-loaf, an unpalatable food brick that contains just enough
nutrition for survival. Dellelo was spared this. The rules also permitted him
to have a radio after thirty days, and, after sixty days, a thirteen-inch
black-and-white television.
“This is going to be a
piece of cake,” Dellelo recalls thinking when the door closed behind him.
Whereas many American supermax prisoners—and most P.O.W.s and hostages—have no
idea when they might get out, he knew exactly how long he was going to be
there. He drew a calendar on his pad of paper to start counting down the days.
He would get a radio and a TV. He could read. No one was going to bother him.
And, as his elaborate escape plan showed, he could be patient. “This is their
sophisticated security?” he said to himself. “They don’t know what they’re
doing.”
After a few months
without regular social contact, however, his experience proved no different
from that of the P.O.W.s or hostages, or the majority of isolated prisoners
whom researchers have studied: he started to lose his mind. He talked to
himself. He paced back and forth compulsively, shuffling along the same
six-foot path for hours on end. Soon, he was having panic attacks, screaming
for help. He hallucinated that the colors on the walls were changing. He became
enraged by routine noises—the sound of doors opening as the guards made their
hourly checks, the sounds of inmates in nearby cells. After a year or so, he
was hearing voices on the television talking directly to him. He put the
television under his bed, and rarely took it out again.
One of the paradoxes of
solitary confinement is that, as starved as people become for companionship,
the experience typically leaves them unfit for social interaction. Once,
Dellelo was allowed to have an in-person meeting with his lawyer, and he simply
couldn’t handle it. After so many months in which his primary human contact had
been an occasional phone call or brief conversations with an inmate down the
tier, shouted through steel doors at the top of their lungs, he found himself
unable to carry on a face-to-face conversation. He had trouble following both
words and hand gestures and couldn’t generate them himself. When he realized
this, he succumbed to a full-blown panic attack.
Craig Haney, a
psychology professor at the University of California at Santa Cruz, received
rare permission to study a hundred randomly selected inmates at California’s
Pelican Bay supermax, and noted a number of phenomena. First, after months or
years of complete isolation, many prisoners “begin to lose the ability to
initiate behavior of any kind—to organize their own lives around activity and
purpose,” he writes. “Chronic apathy, lethargy, depression, and despair often
result. . . . In extreme cases, prisoners may literally stop behaving,”
becoming essentially catatonic.
Second, almost ninety
per cent of these prisoners had difficulties with “irrational anger,” compared
with just three per cent of the general population.* Haney attributed this to the extreme
restriction, the totality of control, and the extended absence of any
opportunity for happiness or joy. Many prisoners in solitary become consumed
with revenge fantasies.
“There were some guards
in D.D.U. who were decent guys,” Dellelo told me. They didn’t trash his room
when he was let out for a shower, or try to trip him when escorting him in
chains, or write him up for contraband if he kept food or a salt packet from a
meal in his cell. “But some of them were evil, evil pricks.” One correctional
officer became a particular obsession. Dellelo spent hours imagining cutting
his head off and rolling it down the tier. “I mean, I know this is insane
thinking,” he says now. Even at the time, he added, “I had a fear in the
background—like how much of this am I going to be able to let go? How much is
this going to affect who I am?”
He was right to worry.
Everyone’s identity is socially created: it’s through your relationships that
you understand yourself as a mother or a father, a teacher or an accountant, a
hero or a villain. But, after years of isolation, many prisoners change in
another way that Haney observed. They begin to see themselves primarily as
combatants in the world, people whose identity is rooted in thwarting prison
control.
As a matter of
self-preservation, this may not be a bad thing. According to the Navy P.O.W.
researchers, the instinct to fight back against the enemy constituted the most
important coping mechanism for the prisoners they studied. Resistance was often
their sole means of maintaining a sense of purpose, and so their sanity. Yet
resistance is precisely what we wish to destroy in our supermax prisoners. As
Haney observed in a review of research findings, prisoners in solitary
confinement must be able to withstand the experience in order to be allowed to
return to the highly social world of mainline prison or free society.
Perversely, then, the prisoners who can’t handle profound isolation are the
ones who are forced to remain in it. “And those who have adapted,” Haney
writes, “are prime candidates for release to a social world to which they may
be incapable of ever fully readjusting.”
Dellelo eventually found
a way to resist that would not prolong his ordeal. He fought his battle through
the courts, filing motion after motion in an effort to get his conviction
overturned. He became so good at submitting his claims that he obtained a paralegal
certificate along the way. And, after forty years in prison, and more than five
years in solitary, he got his first-degree-homicide conviction reduced to
manslaughter. On November 19, 2003, he was freed.
Bobby Dellelo is
sixty-seven years old now. He lives on Social Security in a Cambridge
efficiency apartment that is about four times larger than his cell. He still
seems to be adjusting to the world outside. He lives alone. To the extent that
he is out in society, it is, in large measure, as a combatant. He works for
prisoners’ rights at the American Friends Service Committee. He also does
occasional work assisting prisoners with their legal cases. Sitting at his
kitchen table, he showed me how to pick a padlock—you know, just in case I ever
find myself in trouble.
But it was impossible to
talk to him about his time in isolation without seeing that it was
fundamentally no different from the isolation that Terry Anderson and John
McCain had endured. Whether in Walpole or Beirut or Hanoi, all human beings experience
isolation as torture.
The main argument for using long-term isolation
in prisons is that it provides discipline and prevents violence. When inmates
refuse to follow the rules—when they escape, deal drugs, or attack other
inmates and corrections officers—wardens must be able to punish and contain the
misconduct. Presumably, less stringent measures haven’t worked, or the behavior
would not have occurred. And it’s legitimate to incapacitate violent aggressors
for the safety of others. So, advocates say, isolation is a necessary evil, and
those who don’t recognize this are dangerously naïve.
The argument makes
intuitive sense. If the worst of the worst are removed from the general prison
population and put in isolation, you’d expect there to be markedly fewer inmate
shankings and attacks on corrections officers. But the evidence doesn’t bear
this out. Perhaps the most careful inquiry into whether supermax prisons
decrease violence and disorder was a 2003 analysis examining the experience in
three states—Arizona, Illinois, and Minnesota—following the opening of their
supermax prisons. The study found that levels of inmate-on-inmate violence were
unchanged, and that levels of inmate-on-staff violence changed unpredictably,
rising in Arizona, falling in Illinois, and holding steady in Minnesota.
Prison violence, it
turns out, is not simply an issue of a few belligerents. In the past thirty
years, the United States has quadrupled its incarceration rate but not its
prison space. Work and education programs have been cancelled, out of a belief
that the pursuit of rehabilitation is pointless. The result has been
unprecedented overcrowding, along with unprecedented idleness—a nice formula
for violence. Remove a few prisoners to solitary confinement, and the violence
doesn’t change. So you remove some more, and still nothing happens. Before
long, you find yourself in the position we are in today. The United States now
has five per cent of the world’s population, twenty-five per cent of its
prisoners, and probably the vast majority of prisoners who are in long-term
solitary confinement.
It wasn’t always like
this. The wide-scale use of isolation is, almost exclusively, a phenomenon of
the past twenty years. In 1890, the United States Supreme Court came close to
declaring the punishment to be unconstitutional. Writing for the majority in
the case of a Colorado murderer who had been held in isolation for a month,
Justice Samuel Miller noted that experience had revealed “serious objections”
to solitary confinement:
A considerable number of the prisoners fell, after even a short confinement, into a semi-fatuous condition, from which it was next to impossible to arouse them, and others became violently insane; others, still, committed suicide; while those who stood the ordeal better were not generally reformed, and in most cases did not recover suffcient mental activity to be of any subsequent service to the community.
Prolonged isolation was
used sparingly, if at all, by most American prisons for almost a century. Our
first supermax—our first institution specifically designed for mass solitary
confinement—was not established until 1983, in Marion, Illinois. In 1995, a
federal court reviewing California’s first supermax admitted that the
conditions “hover on the edge of what is humanly tolerable for those with
normal resilience.” But it did not rule them to be unconstitutionally cruel or
unusual, except in cases of mental illness. The prison’s supermax conditions,
the court stated, did not pose “a sufficiently high risk to all inmates of
incurring a serious mental illness.” In other words, there could be no legal
objection to its routine use, given that the isolation didn’t make everyone crazy. The ruling seemed to fit the public mood. By the end of the
nineteen-nineties, some sixty supermax institutions had opened across the
country. And new solitary-confinement units were established within nearly all
of our ordinary maximum-security prisons.
The number of prisoners
in these facilities has since risen to extraordinary levels. America now holds
at least twenty-five thousand inmates in isolation in supermax prisons. An
additional fifty to eighty thousand are kept in restrictive segregation units,
many of them in isolation, too, although the government does not release these
figures. By 1999, the practice had grown to the point that Arizona, Colorado,
Maine, Nebraska, Nevada, Rhode Island, and Virginia kept between five and eight
per cent of their prison population in isolation, and, by 2003, New York had
joined them as well. Mississippi alone held eighteen hundred prisoners in
supermax—twelve per cent of its prisoners over all. At the same time, other
states had just a tiny fraction of their inmates in solitary confinement. In
1999, for example, Indiana had eighty-five supermax beds; Georgia had only ten.
Neither of these two states can be described as being soft on crime.
Advocates of solitary
confinement are left with a single argument for subjecting thousands of people
to years of isolation: What else are we supposed to do? How else are we to deal
with the violent, the disruptive, the prisoners who are just too dangerous to
be housed with others?
As it happens, only a
subset of prisoners currently locked away for long periods of isolation would
be considered truly dangerous. Many are escapees or suspected gang members;
many others are in solitary for nonviolent breaches of prison rules. Still,
there are some highly dangerous and violent prisoners who pose a serious
challenge to prison discipline and safety. In August, I met a man named Robert
Felton, who had spent fourteen and a half years in isolation in the Illinois
state correctional system. He is now thirty-six years old. He grew up in the
predominantly black housing projects of Danville, Illinois, and had been a
force of mayhem from the time he was a child.
His crimes were mainly
impulsive, rather than planned. The first time he was arrested was at the age
of eleven, when he and a relative broke into a house to steal some Atari video
games. A year later, he was sent to state reform school after he and a friend
broke into an abandoned building and made off with paint cans, irons, and other
property that they hardly knew what to do with. In reform school, he got into
fights and screamed obscenities at the staff. When the staff tried to
discipline him by taking away his recreation or his television privileges, his
behavior worsened. He tore a pillar out of the ceiling, a sink and mirrors off
the wall, doors off their hinges. He was put in a special cell, stripped of
nearly everything. When he began attacking counsellors, the authorities
transferred him to the maximum-security juvenile facility at Joliet, where he
continued to misbehave.
Felton wasn’t a
sociopath. He made friends easily. He was close to his family, and missed them
deeply. He took no pleasure in hurting others. Psychiatric evaluations turned
up little more than attention-deficit disorder. But he had a terrible temper, a
tendency to escalate rather than to defuse confrontations, and, by the time he
was released, just before turning eighteen, he had achieved only a ninth-grade
education.
Within months of
returning home, he was arrested again. He had walked into a Danville sports bar
and ordered a beer. The barman took his ten-dollar bill.
“Then he says, ‘Naw,
man, you can’t get no beer. You’re underage,’ ” Felton recounts. “I says,
‘Well, give me my ten dollars back.’ He says, ‘You ain’t getting shit. Get the
hell out of here.’ ”
Felton stood his ground.
The bartender had a pocket knife on the counter. “And, when he went for it, I
went for it,” Felton told me. “When I grabbed the knife first, I turned around
and spinned on him. I said, ‘You think you’re gonna cut me, man? You gotta be
fucked up.’ ”
The barman had put the
ten-dollar bill in a Royal Crown bag behind the counter. Felton grabbed the bag
and ran out the back door. He forgot his car keys on the counter, though. So he
went back to get the keys—“the stupid keys,” he now says ruefully—and in the
fight that ensued he left the barman severely injured and bleeding. The police
caught Felton fleeing in his car. He was convicted of armed robbery, aggravated
unlawful restraint, and aggravated battery, and served fifteen years in prison.
He was eventually sent
to the Stateville Correctional Center, a maximum-security facility in Joliet.
Inside the overflowing prison, he got into vicious fights over insults and the
like. About three months into his term, during a shakedown following the murder
of an inmate, prison officials turned up a makeshift knife in his cell. (He
denies that it was his.) They gave him a year in isolation. He was a danger,
and he had to be taught a lesson. But it was a lesson that he seemed incapable
of learning.
Felton’s Stateville
isolation cell had gray walls, a solid steel door, no window, no clock, and a
light that was kept on twenty-four hours a day. As soon as he was shut in, he
became claustrophobic and had a panic attack. Like Dellelo, Anderson, and
McCain, he was soon pacing back and forth, talking to himself, studying the
insects crawling around his cell, reliving past events from childhood, sleeping
for as much as sixteen hours a day. But, unlike them, he lacked the inner
resources to cope with his situation.
Many prisoners find
survival in physical exercise, prayer, or plans for escape. Many carry out
elaborate mental exercises, building entire houses in their heads, board by
board, nail by nail, from the ground up, or memorizing team rosters for a
baseball season. McCain recreated in his mind movies he’d seen. Anderson
reconstructed complete novels from memory. Yuri Nosenko, a K.G.B. defector whom
the C.I.A. wrongly accused of being a double agent and held for three years in
total isolation (no reading material, no news, no human contact except with
interrogators) in a closet-size concrete cell near Williamsburg, Virginia, made
chess sets from threads and a calendar from lint (only to have them discovered
and swept away).
But Felton would just
yell, “Guard! Guard! Guard! Guard! Guard!,” or bang his cup on the toilet, for
hours. He could spend whole days hallucinating that he was in another world,
that he was a child at home in Danville, playing in the streets, having
conversations with imaginary people. Small cruelties that others somehow bore
in quiet fury—getting no meal tray, for example—sent him into a rage. Despite
being restrained with handcuffs, ankle shackles, and a belly chain whenever he
was taken out, he managed to assault the staff at least three times. He threw
his food through the door slot. He set his cell on fire by tearing his mattress
apart, wrapping the stuffing in a sheet, popping his light bulb, and using the
exposed wires to set the whole thing ablaze. He did this so many times that the
walls of his cell were black with soot.
After each offense,
prison officials extended his sentence in isolation. Still, he wouldn’t stop.
He began flooding his cell, by stuffing the door crack with socks, plugging the
toilet, and flushing until the water was a couple of feet deep. Then he’d pull
out the socks and the whole wing would flood with wastewater.
“Flooding the cell was
the last option for me,” Felton told me. “It was when I had nothing else I
could do. You know, they took everything out of my cell, and all I had left was
toilet water. I’d sit there and I’d say, ‘Well, let me see what I can do with
this toilet water.’ ”
Felton was not allowed
out again for fourteen and a half years. He spent almost his entire prison
term, from 1990 to 2005, in isolation. In March, 1998, he was among the first
inmates to be moved to Tamms, a new, high-tech supermax facility in southern
Illinois.
“At Tamms, man, it was
like a lab,” he says. Contact even with guards was tightly reduced. Cutoff
valves meant that he couldn’t flood his cell. He had little ability to force a
response—negative or positive—from a human being. And, with that gone, he began
to deteriorate further. He ceased showering, changing his clothes, brushing his
teeth. His teeth rotted and ten had to be pulled. He began throwing his feces
around his cell. He became psychotic.
It is unclear how many
prisoners in solitary confinement become psychotic. Stuart Grassian, a Boston
psychiatrist, has interviewed more than two hundred prisoners in solitary
confinement. In one in-depth study, prepared for a legal challenge of
prisoner-isolation practices, he concluded that about a third developed acute
psychosis with hallucinations. The markers of vulnerability that he observed in
his interviews were signs of cognitive dysfunction—a history of seizures,
serious mental illness, mental retardation, illiteracy, or, as in Felton’s
case, a diagnosis such as attention-deficit hyperactivity disorder, signalling
difficulty with impulse control. In the prisoners Grassian saw, about a third
had these vulnerabilities, and these were the prisoners whom solitary
confinement had made psychotic. They were simply not cognitively equipped to
endure it without mental breakdowns.
A psychiatrist tried
giving Felton anti-psychotic medication. Mostly, it made him sleep—sometimes
twenty-four hours at a stretch, he said. Twice he attempted suicide. The first
time, he hanged himself in a noose made from a sheet. The second time, he took
a single staple from a legal newspaper and managed to slash the radial artery
in his left wrist with it. In both instances, he was taken to a local emergency
room for a few hours, patched up, and sent back to prison.
Is there an alternative? Consider what other
countries do. Britain, for example, has had its share of serial killers,
homicidal rapists, and prisoners who have taken hostages and repeatedly
assaulted staff. The British also fought a seemingly unending war in Northern
Ireland, which brought them hundreds of Irish Republican Army prisoners
committed to violent resistance. The authorities resorted to a harshly punitive
approach to control, including, in the mid-seventies, extensive use of solitary
confinement. But the violence in prisons remained unchanged, the costs were
phenomenal (in the United States, they reach more than fifty thousand dollars a
year per inmate), and the public outcry became intolerable. British authorities
therefore looked for another approach.
Beginning in the
nineteen-eighties, they gradually adopted a strategy that focussed on preventing
prison violence rather than on delivering an ever more brutal series of
punishments for it. The approach starts with the simple observation that
prisoners who are unmanageable in one setting often behave perfectly reasonably
in another. This suggested that violence might, to a critical extent, be a
function of the conditions of incarceration. The British noticed that problem
prisoners were usually people for whom avoiding humiliation and saving face
were fundamental and instinctive. When conditions maximized humiliation and
confrontation, every interaction escalated into a trial of strength. Violence
became a predictable consequence.
So the British decided
to give their most dangerous prisoners more control, rather than less. They
reduced isolation and offered them opportunities for work, education, and
special programming to increase social ties and skills. The prisoners were
housed in small, stable units of fewer than ten people in individual cells, to
avoid conditions of social chaos and unpredictability. In these reformed “Close
Supervision Centres,” prisoners could receive mental-health treatment and earn
rights for more exercise, more phone calls, “contact visits,” and even access
to cooking facilities. They were allowed to air grievances. And the government
set up an independent body of inspectors to track the results and enable
adjustments based on the data.
The results have been
impressive. The use of long-term isolation in England is now negligible. In all
of England, there are now fewer prisoners in “extreme custody” than there are
in the state of Maine. And the other countries of Europe have, with a similar
focus on small units and violence prevention, achieved a similar outcome.
In this country, in June
of 2006, a bipartisan national task force, the Commission on Safety and Abuse
in America’s Prisons, released its recommendations after a yearlong
investigation. It called for ending long-term isolation of prisoners. Beyond
about ten days, the report noted, practically no benefits can be found and the
harm is clear—not just for inmates but for the public as well. Most prisoners
in long-term isolation are returned to society, after all. And evidence from a
number of studies has shown that supermax conditions—in which prisoners have
virtually no social interactions and are given no programmatic support—make it
highly likely that they will commit more crimes when they are released.
Instead, the report said, we should follow the preventive approaches used in
European countries.
The recommendations went
nowhere, of course. Whatever the evidence in its favor, people simply did not
believe in the treatment.
I spoke to a
state-prison commissioner who wished to remain unidentified. He was a veteran
of the system, having been either a prison warden or a commissioner in several
states across the country for more than twenty years. He has publicly defended
the use of long-term isolation everywhere that he has worked. Nonetheless, he
said, he would remove most prisoners from long-term isolation units if he could
and provide programming for the mental illnesses that many of them have.
“Prolonged isolation is
not going to serve anyone’s best interest,” he told me. He still thought that
prisons needed the option of isolation. “A bad violation should, I think, land
you there for about ninety days, but it should not go beyond that.”
He is apparently not
alone among prison officials. Over the years, he has come to know commissioners
in nearly every state in the country. “I believe that today you’ll probably
find that two-thirds or three-fourths of the heads of correctional agencies
will largely share the position that I articulated with you,” he said.
Commissioners are not
powerless. They could eliminate prolonged isolation with the stroke of a pen.
So, I asked, why haven’t they? He told me what happened when he tried to move
just one prisoner out of isolation. Legislators called for him to be fired and
threatened to withhold basic funding. Corrections officers called members of
the crime victim’s family and told them that he’d gone soft on crime. Hostile
stories appeared in the tabloids. It is pointless for commissioners to act
unilaterally, he said, without a change in public opinion.
This past year, both the
Republican and the Democratic Presidential candidates came out firmly for
banning torture and closing the facility in Guantánamo Bay, where hundreds of
prisoners have been held in years-long isolation. Neither Barack Obama nor John
McCain, however, addressed the question of whether prolonged solitary
confinement is torture. For a Presidential candidate, no less than for the
prison commissioner, this would have been political suicide. The simple truth
is that public sentiment in America is the reason that solitary confinement has
exploded in this country, even as other Western nations have taken steps to
reduce it. This is the dark side of American exceptionalism. With little
concern or demurral, we have consigned tens of thousands of our own citizens to
conditions that horrified our highest court a century ago. Our willingness to
discard these standards for American prisoners made it easy to discard the
Geneva Conventions prohibiting similar treatment of foreign prisoners of war,
to the detriment of America’s moral stature in the world. In much the same way
that a previous generation of Americans countenanced legalized segregation,
ours has countenanced legalized torture. And there is no clearer manifestation
of this than our routine use of solitary confinement—on our own people, in our
own communities, in a supermax prison, for example, that is a thirty-minute
drive from my door.
Robert Felton drifted in and out of acute
psychosis for much of his solitary confinement. Eventually, however, he found
an unexpected resource. One day, while he was at Tamms, he was given a new
defense lawyer, and, whatever expertise this lawyer provided, the more
important thing was genuine human contact. He visited regularly, and sent
Felton books. Although some were rejected by the authorities and Felton was
restricted to a few at a time, he devoured those he was permitted. “I liked
political books,” he says. “ ‘From Beirut to Jerusalem,’ Winston Churchill,
Noam Chomsky.”
That small amount of
contact was a lifeline. Felton corresponded with the lawyer about what he was
reading. The lawyer helped him get his G.E.D. and a paralegal certificate
through a correspondence course, and he taught Felton how to advocate for
himself. Felton began writing letters to politicians and prison officials
explaining the misery of his situation, opposing supermax isolation, and asking
for a chance to return to the general prison population. (The Illinois
Department of Corrections would not comment on Felton’s case, but a spokesman
stated that “Tamms houses the most disruptive, violent, and problematic
inmates.”) Felton was persuasive enough that Senator Paul Simon, of Illinois,
wrote him back and, one day, even visited him. Simon asked the director of the
State Department of Corrections, Donald Snyder, Jr., to give consideration to
Felton’s objections. But Snyder didn’t budge. If there was anyone whom Felton
fantasized about taking revenge upon, it was Snyder. Felton continued to file
request after request. But the answer was always no.
On July 12, 2005, at the
age of thirty-three, Felton was finally released. He hadn’t socialized with
another person since entering Tamms, at the age of twenty-five. Before his
release, he was given one month in the general prison population to get used to
people. It wasn’t enough. Upon returning to society, he found that he had
trouble in crowds. At a party of well-wishers, the volume of social stimulation
overwhelmed him and he panicked, headed for a bathroom, and locked himself in.
He stayed at his mother’s house and kept mostly to himself.
For the first year, he
had to wear an ankle bracelet and was allowed to leave home only for work. His
first job was at a Papa John’s restaurant, delivering pizzas. He next found
work at the Model Star Laundry Service, doing pressing. This was a steady job,
and he began to settle down. He fell in love with a waitress named Brittany.
They moved into a three-room house that her grandmother lent them, and got
engaged. Brittany became pregnant.
This is not a story with
a happy ending. Felton lost his job with the laundry service. He went to work
for a tree-cutting business; a few months later, it went under. Meanwhile, he
and Brittany had had a second child. She had found work as a certified nursing
assistant, but her income wasn’t nearly enough. So he took a job forty miles
away, at Plastipak, the plastics manufacturer, where he made seven-fifty an
hour inspecting Gatorade bottles and Crisco containers as they came out of the
stamping machines. Then his twenty-year-old Firebird died. The bus he had to
take ran erratically, and he was fired for repeated tardiness.
When I visited Felton in
Danville last August, he and Brittany were upbeat about their prospects. She
was working extra shifts at a nursing home, and he was taking care of their
children, ages one and two. He had also applied to a six-month training program
for heating and air-conditioning technicians.
“I could make twenty
dollars an hour after graduation,” he said.
“He’s a good man,”
Brittany told me, taking his arm and giving him a kiss.
But he was out of work.
They were chronically short of money. It was hard to be optimistic about
Felton’s prospects. And, indeed, six weeks after we met, he was arrested for
breaking into a car dealership and stealing a Dodge Charger. He pleaded guilty
and, in January, began serving a seven-year sentence.
Before I left town—when
there was still a glimmer of hope for him—we went out for lunch at his favorite
place, a Mexican restaurant called La Potosina. Over enchiladas and Cokes, we
talked about his family, Danville, the economy, and, of course, his time in
prison. The strangest story had turned up in the news, he said. Donald Snyder,
Jr., the state prison director who had refused to let him out of solitary
confinement, had been arrested, convicted, and sentenced to two years in prison
for taking fifty thousand dollars in payoffs from lobbyists.
“Two years in prison,”
Felton marvelled. “He could end up right where I used to be.”
I asked him, “If he
wrote to you, asking if you would release him from solitary, what would you
do?”
Felton didn’t hesitate
for a second. “If he wrote to me to let him out, I’d let him out,” he said.
This surprised me. I
expected anger, vindictiveness, a desire for retribution. “You’d let him out?”
I said.
“I’d let him out,” he
said, and he put his fork down to make the point. “I wouldn’t wish solitary
confinement on anybody. Not even him.” ♦
*Correction, April 6,
2009: Three per cent of the general population had difficulties with
“irrational anger,” not three per cent of prisoners in the general population,
as originally stated.
l
http://www.newyorker.com/online/blogs/backissues/2010/12/in-solitary.html
awesome article. regretful that solitary confinement became so popular in the first place. it is not morally acceptable for any reason. yes there are security concerns but solitary confinement is not the only solution. as they were able to realize in great britain.. prison is a place of violence. even if someone does not have violent tendencies being in that type of enviornement can make someone fearful and self defensive. isolating a few "dangerous" prisoners doesn't make prison any less violent. having 6 man cells isolated from the general prison population with programming would be much more useful. america doesn't care about rehabilitation they are only concerned with making people suffer.
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