Unconstitutional Solitude: Solitary Confinement and the US Constitution’s Evolving Standards of Decency

Author:   Charlie Eastaugh
Publisher:   Springer International Publishing AG
Edition:   Softcover reprint of the original 1st ed. 2017
ISBN:  

9783319871486


Pages:   233
Publication Date:   30 August 2018
Format:   Paperback
Availability:   Manufactured on demand   Availability explained
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Unconstitutional Solitude: Solitary Confinement and the US Constitution’s Evolving Standards of Decency


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Overview

This book examines American solitary confinement – in which around 100,000 prisoners are held at any one time – and argues that under a moral reading of individual rights such punishment is not only a matter of public interest, but requires close constitutional scrutiny. While Eighth Amendment precedent has otherwise experienced a generational fixation on the death penalty, this book argues that such scrutiny must be extended to the hidden corners of the US prison system. Despite significant reforms to capital sentencing by the executive and legislative branches, Eastaugh shows how the American prison system as a whole has escaped meaningful judicial oversight. Drawing on a wide range of socio-political contexts in order to breathe meaning into the moral principles underlying the punishments clause, the study includes an extensive review of professional (medico-legal) consensus and comparative transnational human rights standards united against prolonged solitary confinement.Ultimately, Eastaugh argues that this practice is unconstitutional. An informed and empowering text, this book will be of particular interest to scholars of law, punishment, and the criminal justice system.

Full Product Details

Author:   Charlie Eastaugh
Publisher:   Springer International Publishing AG
Imprint:   Springer International Publishing AG
Edition:   Softcover reprint of the original 1st ed. 2017
Weight:   0.454kg
ISBN:  

9783319871486


ISBN 10:   331987148
Pages:   233
Publication Date:   30 August 2018
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand   Availability explained
We will order this item for you from a manufactured on demand supplier.

Table of Contents

Chapter 1. The Hidden Corner of the Prison.- Chapter 2. An Adjudicative Framework: Morality and the Punishments Clause.- Chapter 3. The Eighth Amendment’s Evolution.- Chapter 4. National Consensus by State Counting.- Chapter 5. Proportionate Penology.- Chapter 6. Transnational Law.- Chapter 7. Professional Consensus.

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Dr Charlie Eastaugh is a Visiting Fellow at the University of Surrey School of Law, UK.

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