Critical Reading Assignment: Solitary Confinement and Prisoner Rights

This assignment analyzes Debra Parkes' article on solitary confinement, prisoner litigation, and the potential for a prison abolitionist lawyering ethic within the Canadian criminal justice system. The paper examines the widespread use of solitary confinement, its human rights implications, and the role of litigation in addressing these issues. It explores the arguments presented, including the disproportionate impact on vulnerable populations and the ethical considerations for lawyers involved in prisoner rights cases. The assignment highlights the author's perspective on the inhumane nature of solitary confinement, advocating for its abolition through litigation and a shift in legal ethics. The assignment also discusses conflicting viewpoints, such as the application of the Mandela Rule, and concludes that strong litigation and a prison abolitionist lawyering ethic are crucial for change. The student provides their own point of view on the topic, emphasizing the need to abolish solitary confinement.

Running head: CRIMINOLOGY & CRIMINAL JUSTICE
QUESTION-ANSWER
Name of the Student
Name of the University
Authors Note

1CRIMINOLOGY & CRIMINAL JUSTICE
1. Main goals of the text
This paper explores the role that can be played by the legal proceedings in resolving the
human rights crisis in Canada concerning solitary confinement while researching the relationship
between prisoner rights litigation and broader social anti-carceral movements. It has been
observed that in the US criminal justice system the human rights of the prisoners have been
violated by the system of solitary confinement. In the name of this system, people get tortured,
faced inhuman, cruel and humiliating treatment or punishment which can cause permanent
psychological damage to the prisoner (Kelsall, 2014).
In the final part of the paper, the Author to achieve this goal focused on the instances of
anti-carceral lawyering efforts and recognized certain essentials of a prison protestor lawyering
ethics. It is the right of the prisoners to obtain a release or seek restitution or reduction of the
punishment from inhumane conditions of imprisonment. However, in the criminal justice system
of the U.S., the prisoners can't move legally for their rights. This problem can only be solved or
the goal can only be achieved through litigation and a prison abolitionist lawyering ethic (Parkes,
2017).
2. Specific arguments of the Author
In this paper, the author argued that the excessive and continuous use of solitary
confinement or segregation in Canadian jails is a significant human rights concern of gender and
ethnic aspect. For comparatively minor offences and mental health purposes, women might be
disproportionately forced into space, and Aboriginal women and men are highly represented
among those in solitary confinement (Parkes, 2017).

2CRIMINOLOGY & CRIMINAL JUSTICE
In this paper, the author claims to abolish completely this inhuman system of solitary
confinement which is used for a long time in the system of federal jails of the United States as
well as Canada.
To support her arguments, the authors have given the example of Ashley Smith’s case in
which the prisoner died in the prison due to inhuman treatment under the system of solitary
confinement. The report stated that Ashley Smith died in an isolation cell with a rope around her
neck as observed by the correctional officers. Not only that the author also argued that in Canada
there also exist several cases of solitary confinement that breaches the provisions of the Charter
(Parkes, 2017).
3. Concept and possible contradictory perspective
To discuss solitary confinement and prison litigation, some decisions of several judges
given by the author. As, Justice Heald released a landmark opinion in 1976 claiming that the
incarceration of some individuals in solitary confinement was barbaric, unusual, and conflicting
to section 2(b) of the Bill of Rights of Canada (Parkes, 2017).
A conflicting point of view is also given by the author which discusses the Mandela Rule.
At the beginning of the paper, the author speaks about the negative impact of solitary
confinement and prison litigation. However, in the second part of the paper, she argues in favour
of the Mandela Rule by arguing that it can be used as a last resort for the treatment of the
prisoners. According to her, it is not unlawful to apply the alternative of Mandela Rule to
manage and govern a problematic population (Parkes, 2017).

3CRIMINOLOGY & CRIMINAL JUSTICE
4. Conclusion
The author observed that for many attorneys, these elements of prison law-abolition ethic,
such as rejection of incarceration reasoning, the pursuit of non-carceral solutions, and work in a
coalition is not straightforward. Punishment and detention are regarded as an important part of
Canadian law. Commencement in law school, lawyers are immersed in a society that recognizes
imprisonment as a solid, justifiable social policy, with few exemptions. The role of attorneys,
who fight in this community for the rights of the prisoners is to make prisons more benevolent
and respectful for the freedoms of the prisoner. The abolitionist ethos thus means that lawyers
involved in doing this task need a cultural change. Therefore, it has been concluded by the author
that the inhumane system of solitary confinement can only be abolished by a strong litigation and
a prison abolitionist lawyering ethic (Parkes, 2017).
5. My point of view
In the criminal justice system of the United States and Canada, the system of solitary
confinement is considered to be inhumane and brutal. Not only has that, but humiliating
treatment or punishment also causes permanent mental damage to the prisoner and in this way
violated the rights of the prisoners. As per the Human Rights Law, every prisoner also has the
right to equal protection of the law. After reading the text, it can be said that this inhumane
system of solitary confinement can only be abolished by strong litigation. In fact, lawyering
ethos also has great importance in this regard.

4CRIMINOLOGY & CRIMINAL JUSTICE
Reference
Kelsall, D. (2014). Cruel and usual punishment: solitary confinement in Canadian prisons.
Parkes, D. (2017). Solitary Confinement, Prisoner Litigation, and the Possibility of a Prison
Abolitionist Lawyering Ethic. Canadian Journal of Law & Society/La Revue Canadienne
Droit et Société, 32(2), 165-185.