SOC301H5 Lecture Notes - Lecture 4: Solitary Confinement, Risk Aversion, Penology

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25 Jul 2016
School
Department
Course
Soc 301 Lecture 4
Administrative Segregation/Solitary Confinement Case Law
Bacon (BC)-2010
-Surrey 6`-1` degree murders
-pre trail was CUP
-Arbitrary deprivations
-the court wants to protect the criminals even they commit murder, that is how the justice
system work
-Lots of evidence on impact, the court will agree on the Solitary confinement negative impact
-No deference to correctional decision-making,
Polmantier (NWT)-2014
-judges showing no deprivation
-staff could always have hypotheticals to justify deprivation, you can come up with anything to
protect the prison. But that is not right, we cannot allow that. We need clear definition and
reason for that
-how can we expect a person to behave in a respectful and civilized manner when the state
subject the person to inhumane and uncivilized conditions, Solitary Confinement do nothing,
some inmates need time to calm in Solitary confinement. Some of them cannot calm down
that’s why they keep going back to solitary confinement
-judges reduced his sentence
Summary of Case law s.12
-More than just hard time
-Gross disproportionality, talking about sentence length
-Outrages standards of decency
-Successful
`Context of solitary confinement
`overcrowded pre trail detention, when you are sharing cells with more people than you should
be
`civil suits
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