ǿմý

Faculty and Staff

Powerless Beings: Solitary Confinement of Humans and Non Humans in America

Posted
May 9, 2024

Everyday thousands of humans and millions of nonhumans endure solitary confinement. Human prisoners held in this way are confined for 22 to 24 hours a day for weeks, months, or even years on end in cells the size of a parking space. For these humans, the experience is tortuous. Captive animals held in solitary confinement similarly spend much of their lives locked into tiny spaces, isolated, and deprived of the types of interactions and environment essential to their wellbeing. And, like humans, they are driven mad. In human and nonhuman settings, the agony of solitary is chillingly alike and harmful. And, in neither setting is it justifiable or necessary.

In their article, , published in Nebraska Law Review, Haub Law Professors Michael Mushlin and David Cassuto use a comparative format to examine the moral, penological and scientific shortcomings of solitary confinement across species. The article sheds light on the importance of empowering all creatures subjected to solitary confinement. “If we adequately protect all vulnerable beings, the unnecessary suffering inflicted by solitary confinement will finally end,” they write.

More from Pace

Press Release

The Elisabeth Haub School of Law at ǿմý’s Land Use Law Center recently hosted the 24th Annual Alfred B. DelBello Land Use and Sustainable Development Conference, continuing its long-standing tradition of convening leaders in land use, environmental law, and public policy to address the challenges and opportunities facing communities today.

In the Media

ǿմýHaub Law Professor Bennett Gershman pens an op-ed in amNewYork responding to a historic decision by the New York Court of Appeals that, in one case, allowed a criminal conviction by a jury of 11 after a defendant was found to have tampered with a juror. Professor Gershman explains the court’s reasoning and the broader implications for jury practices in New York’s justice system.

In the Media

ǿմýHaub Law Professor Gershman wrote an op-eds for amNewYork  analyzing police conduct during Mangione’s initial encounter with law enforcement.