Solitary confinement has long been part of the practice of imprisonment in the United States, the United Kingdom, and elsewhere. It has changed over time in terms of the underlying rationale, the enthusiasm with which it is embraced, and the identities of its most ardent advocates. In the early decades of the 19th century, religiously motivated prison reformers were at the forefront. Consensus was widespread about the need for prisoners to live by a rule of silence but disagreement as to whether this required separation at all times from their peers or whether silent association was acceptable (or, indeed, preferable). In the closing decades of the 20th century, there was renewed interest in solitary confinement, but without the concern for prisoner welfare and rehabilitation that had characterized earlier debates. Now the protagonists were prison administrators, and a discourse that had taken place outside the prison gates and featured many voices was replaced by one that was almost entirely internal and one-sided. Typically, there are four kinds of circumstances under which prisoners are isolated. First, there is protective custody, often at the prisoner’s request. A return to the general population can be difficult if a prisoner has been segregated because of vulnerability due to the nature of his or her offense, the accumulation of debts that cannot be discharged, or a perception that he or she has communicated information to staff. Second, there is disciplinary detention for breaking prison rules; generally the duration is relatively short. In some countries a court can impose solitary confinement as part of a sentence and the time period here can be lengthy. Third is administrative segregation. This can be short term (e.g., while an investigation is being carried out or pending transfer) or long term (if a prisoner is thought to present a threat to institutional order). Fourth, there are occasions when prisoners seek the respite of the solitary cell as a way of easing psychological pressures. In such cases the stay tends to be brief and prisoners return to their usual place of abode afterward. Long-term administrative segregation in the United States in facilities that have been described as offering “supermax” custody has generated concern on human rights grounds as well as for reasons of economy and efficacy.
The need for an intrusion upon seclusion privacy tort within English law
