A moral case against solitary confinement

When you’re locked in a cell the size of a king-size mattress for 23 hours a day, the smallest bit of human contact can leave a lasting impact.

My congregation learned this when we wrote letters to 100 men locked in solitary confinement in California as part of a campaign through T’ruah: The Rabbinic Call for Human Rights to end prolonged solitary confinement. We wanted at least a few of the 80,000-plus Americans held in solitary confinement to know that they are not alone, and that we pray for them by name.

The individuals we wrote to weren’t the only ones who experienced the power of this project.

One of my congregants survived a break-in as a teen by a man she was told was under the influence of drugs. Daniela’s experience had prejudiced her to believe that all incarcerated individuals were hardened criminals, not worthy of her empathy. But her brief correspondence with our state’s incarcerated individuals was remarkably powerful, helping her to process her personal trauma.

“We made a spiritual connection,” she said. “He responded to the personal details I included in the letters. He told me about his love for reading and writing. He told me about his children and grandchildren. It changed my outlook.”

We must all find the same empathy to understand that prolonged solitary confinement violates Jewish law, international law and the U.S. Constitution.

Judaism teaches that human beings are created in God’s image and thus are entitled to be treated with dignity. In fact, the Torah insists that “it is not good for the human being to be alone,” and Jewish law bans punishment that degrades the perpetrator. Juan Mendez, the U.N. Special Rapporteur on Torture, has defined solitary confinement that exceeds 15 days as torture. The Eighth Amendment, which prohibits cruel and unusual punishment, should by definition also bar prolonged solitary confinement.

The California Legislature is on the verge of passing SB1143, a bill that would severely limit the use of solitary confinement for juveniles and provide strict guidelines for when and how it can be used. It calls for isolation to be used only as a last resort, for no more than four hours and only if there is a threat to the safety of the young person or others. If passed, our state will be a leader in the fight to end this reprehensible violation of justice, not just for young people but for all incarcerated individuals.

The Jewish concept of justice focuses on restitution for the victim, rather than separating the criminal from society. Under our tradition, the goal is for offenders to return to society after they have paid their debts to those they have wronged, and to ultimately become contributing members of society.

Shouldn’t the U.S. justice system aspire to the same goal? Solitary confinement punishes, but it does not rehabilitate — in fact, this punishment causes and exacerbates mental illness.

As a society, we should prioritize helping people to re-enter our communities so that they can lead productive lives. We should be providing these individuals with mental health counseling, drug treatment and job training.

Solitary confinement reform is achievable. Between 2011 and 2012, Maine, now considered a national leader in prison reform, reduced the number of prisoners held in solitary confinement by half, according to a report by the American Civil Liberties Union. The reduction was accompanied by improved conditions for prisoners who remained in solitary confinement and an increased focus on mental health, making the prison environment safer for both inmates and staff.

I urge fellow faith leaders and people of faith, in California and across the country, to join my congregation in speaking out about the dangers of mass incarceration and the overuse of solitary confinement.