﻿WEBVTT

1
00:00:03.390 --> 00:00:06.440
<v ->I was trying to determine that solitary confinement</v>

2
00:00:06.440 --> 00:00:08.420
could cross the line into cruel inhuman

3
00:00:08.420 --> 00:00:11.750
and degrading treatment or even torture.

4
00:00:11.750 --> 00:00:16.750
And I used the provision of mental torture as a basis.

5
00:00:16.910 --> 00:00:20.120
And then I used a scientific literature

6
00:00:20.120 --> 00:00:25.120
psychiatric literature, mostly that says that after 15 days

7
00:00:26.070 --> 00:00:30.310
of being alone and not having meaningful social contact

8
00:00:30.310 --> 00:00:34.770
with anybody, your mind starts working differently.

9
00:00:34.770 --> 00:00:39.770
The same literature ascertains that in some cases

10
00:00:40.150 --> 00:00:43.453
not all, but it could be irreversible consequences.

11
00:00:44.310 --> 00:00:48.990
So basically the argument then that I made was, you know

12
00:00:48.990 --> 00:00:53.990
first we should prohibit prolonged solitary confinement.

13
00:00:54.360 --> 00:00:56.416
And the reason we should prohibit prolonged solitary

14
00:00:56.416 --> 00:00:59.760
confinement is that short term solitary confinement

15
00:00:59.760 --> 00:01:02.070
may have some legitimate uses.

16
00:01:02.070 --> 00:01:04.690
For example, to protect someone

17
00:01:04.690 --> 00:01:07.150
who would be vulnerable if

18
00:01:07.150 --> 00:01:10.210
left in the general population

19
00:01:10.210 --> 00:01:14.640
or to isolate a predator

20
00:01:14.640 --> 00:01:17.210
that could be dangerous to others

21
00:01:17.210 --> 00:01:20.990
or for very serious disciplinary offenses.

22
00:01:20.990 --> 00:01:23.321
But then it should be short term and

23
00:01:23.321 --> 00:01:26.943
and it should be surrounded by due process guarantees.

24
00:01:29.660 --> 00:01:33.140
And, you know then trying to determine

25
00:01:33.140 --> 00:01:36.800
what constitutes prolonged solitary confinement.

26
00:01:36.800 --> 00:01:41.800
I came up with a somewhat arbitrary term of 15 days

27
00:01:42.610 --> 00:01:47.610
but I say somewhat arbitrary because it is born from, or

28
00:01:47.613 --> 00:01:51.280
or borrowed from the psychiatric literature.

29
00:01:51.280 --> 00:01:53.183
It's not arbitrary in that sense.

30
00:01:54.720 --> 00:01:58.170
I'm sure there are people who can be 20 days

31
00:01:58.170 --> 00:02:02.828
in solitary confinement and the next day they're fine.

32
00:02:02.828 --> 00:02:06.920
But if you're going to legislate a cot

33
00:02:08.390 --> 00:02:11.309
then what data are you going to use?

34
00:02:11.309 --> 00:02:16.309
And I later in, you know, in public speaking, I said, well

35
00:02:16.360 --> 00:02:21.170
you know, maybe 15 days for absolute confinement, but

36
00:02:21.170 --> 00:02:24.560
if you have a couple hours a day that you can exercise

37
00:02:24.560 --> 00:02:29.470
maybe a slightly longer term would be okay

38
00:02:29.470 --> 00:02:31.010
but it should be counted in days.

39
00:02:31.010 --> 00:02:32.680
Not even in weeks, not even

40
00:02:32.680 --> 00:02:35.160
and certainly not in months or years.

41
00:02:35.160 --> 00:02:37.330
And the other thing that I called for

42
00:02:37.330 --> 00:02:41.970
was a complete ban on indefinite solitary confinement.

43
00:02:41.970 --> 00:02:44.330
Because if you don't know, you know

44
00:02:44.330 --> 00:02:48.110
when it's going to end it, it stands to reason that it

45
00:02:49.480 --> 00:02:52.563
it just adds to your anxiety to say the least.

