36 Years in Solitary Confinement -- Cruel and Unusual?

m_huber · 27th March 2008, 07:25 AM

http://www.freep.com/apps/pbcs.dll/a...13/1008/NEWS06

Quote:

Herman Wallace and Albert Woodfox were moved into a “maximum security dormitory” on Monday, said Angie Norwood, assistant warden at the Louisiana State Penitentiary at Angola. Wallace and Woodfox had been in solitary since 1972, after their convictions in the death of a guard.

The men, known to supporters as the “Angola Three,” have said their 36 years of solitary confinement at the prison amount to cruel and unusual punishment. Both are appealing their convictions.

Apparently, the prison officials claim that they were kept in solitary for their own safety. But two Black Panthers imprisoned in the 70's? Doesn't sound quite right to me.

The Central Scrutinizer · 27th March 2008, 08:02 AM

Perhaps they shouldn't have killed a guard.

Almo · 27th March 2008, 08:10 AM

Cruel and unusual punishment is cruel and unusual punishment regardless of the crime.

The Central Scrutinizer · 27th March 2008, 08:22 AM

You're right.

In that case, this is not cruel and unusual punishment.

Bikewer · 27th March 2008, 08:27 AM

Fairly extensive coverage of this on NPR this morning. Apparently the involvement of these two individuals in the guard's killing may be in some doubt as well.

Would individuals convicted of similar crimes (particularly violent homicide) be so sentenced normally?

aggle-rithm · 27th March 2008, 08:37 AM

If following the letter of the law, punishment must be both cruel AND unusual, so all that must be done to circumvent this right is to do it more often.

Side note: When I was young, my older brother used to hit me, unprovoked. If I asked why, he said, "I'm cruel and unusual."

fuelair · 27th March 2008, 11:59 AM

Originally Posted by Almo

Cruel and unusual punishment is cruel and unusual punishment regardless of the crime.

Our mileage may differ.

Cainkane1 · 27th March 2008, 12:03 PM

Dennis rader was. The BTK killer is in solitary confinement for his own good.

27th March 2008, 07:25 AM	#1
m_huber Muse Join Date: Nov 2007 Posts: 828	36 Years in Solitary Confinement -- Cruel and Unusual? http://www.freep.com/apps/pbcs.dll/a...13/1008/NEWS06 Quote: Herman Wallace and Albert Woodfox were moved into a “maximum security dormitory” on Monday, said Angie Norwood, assistant warden at the Louisiana State Penitentiary at Angola. Wallace and Woodfox had been in solitary since 1972, after their convictions in the death of a guard. The men, known to supporters as the “Angola Three,” have said their 36 years of solitary confinement at the prison amount to cruel and unusual punishment. Both are appealing their convictions. Apparently, the prison officials claim that they were kept in solitary for their own safety. But two Black Panthers imprisoned in the 70's? Doesn't sound quite right to me.
m_huber Muse Join Date: Nov 2007 Posts: 828	__________________ "A certain percentage of children have the habit of thinking; one of the aims of education is to cure them of this habit." -- Bertrand Russell on problems with traditional educational methods.

27th March 2008, 08:02 AM	#2
The Central Scrutinizer Penultimate Amazing Pither Join Date: Dec 2001 Location: The White Zone Posts: 42,266	Perhaps they shouldn't have killed a guard.
	__________________ If I see somebody with a gun on a plane? I'll kill him.

27th March 2008, 08:10 AM	#3
Almo Masterblazer Join Date: Aug 2005 Location: Montreal, Quebec Posts: 6,405	Cruel and unusual punishment is cruel and unusual punishment regardless of the crime.
	__________________ Almo! My Blog "No society ever collapsed because the poor had too much." — LeftySergeant "It may be that there is no body really at rest, to which the places and motions of others may be referred." –Issac Newton in the Principia

27th March 2008, 08:22 AM	#4
The Central Scrutinizer Penultimate Amazing Pither Join Date: Dec 2001 Location: The White Zone Posts: 42,266	You're right. In that case, this is not cruel and unusual punishment.
	__________________ If I see somebody with a gun on a plane? I'll kill him.

27th March 2008, 08:37 AM	#6
aggle-rithm Ardent Formulist Join Date: Jun 2005 Location: Austin, TX Posts: 14,149	If following the letter of the law, punishment must be both cruel AND unusual, so all that must be done to circumvent this right is to do it more often. Side note: When I was young, my older brother used to hit me, unprovoked. If I asked why, he said, "I'm cruel and unusual."
	__________________ To understand recursion, you must first understand recursion. Woo's razor: Never attribute to stupidity that which can be adequately explained by aliens.

27th March 2008, 08:27 AM	#5
Bikewer Philosopher Join Date: Sep 2003 Location: St. Louis, Mo. Posts: 9,519	Fairly extensive coverage of this on NPR this morning. Apparently the involvement of these two individuals in the guard's killing may be in some doubt as well. Would individuals convicted of similar crimes (particularly violent homicide) be so sentenced normally?

27th March 2008, 11:59 AM	#7
fuelair Cythraul Enfys Join Date: May 2006 Posts: 28,900	Originally Posted by Almo Cruel and unusual punishment is cruel and unusual punishment regardless of the crime. Our mileage may differ.
fuelair Cythraul Enfys Join Date: May 2006 Posts: 28,900

27th March 2008, 12:03 PM	#8
Cainkane1 Philosopher Join Date: Jul 2005 Location: The great American southeast Posts: 7,192	Dennis rader was. The BTK killer is in solitary confinement for his own good.
	__________________ If at first you don't succeed try try again. Then if you fail to succeed to Hell with that. Try something else.