Solitary Troubles

Alexander A. Reinert*

Solitary confinement is one of the most severe forms of punishment that can be inflicted on human beings. In recent years, the use of extreme isolation in our prisons and jails has been questioned by correctional officials, medical experts, and reform advocates alike. Yet for nearly the entirety of American history, judicial regulation of the practice has been extremely limited. This Article explains why judges hesitate to question the use of solitary confinement, while also providing a path forward for greater scrutiny of the practice.

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© 2018 Alexander A. Reinert. Individuals and nonprofit institutions may reproduce and distribute copies of this Article in any format at or below cost, for educational purposes, so long as each copy identifies the author, provides a citation to the Notre Dame Law Review, and includes this provision in the copyright notice.

*Professor of Law, Benjamin N. Cardozo School of Law. I am grateful to Rick Bierschbach, Maggie Lemos, Jules Lobel, Max Minzner, Kevin Stack, and the participants in the Drexel University Thomas R. Kline School of Law and St. John’s University School of Law faculty workshops for helpful comments on earlier drafts of this Article. I also wish to acknowledge Alison Gross for her excellent research in support of this Article.