Introduction
Nowadays, supermax prisons, which represent special units for particularly dangerous criminals, have significantly increased in popularity. While supermaxes can serve as an effective tool in terms of crime-fighting, it also has some drawbacks. These drawbacks include the challenge of assessing causal claims related to supermaxes, legal and ethical issues that are brought by this type of prison, or definitional problems in discussing supermax incarceration. In this essay, the legal and ethical issues of supermax prisons will be discussed.
Supermax Prisons and its Legal and Ethical Issues
It is difficult to say if supermaxes should or should not be used. On the one hand, the utilization of these housing units in prisons can be effective, while on the other hand, it raises a lot of legal and ethical questions. Thus, a Professor of Criminology at Florida State University, Daniel Mears, using scientifically based research studies, reveals several legal and ethical issues related to supermaxes. These issues are violence that prevails in these units, its violation of the Eighth and Fourteenth Amendments, deterioration of inmates’ mental health, and poor access to health care services to these prisons (Mears, 2019). Indeed, the harsh treatment of those who are imprisoned in supermaxes goes against the law.
According to the International Covenant on Civil and Political Rights, prisoners should not experience poor treatment or any other restrictions except for the deprivation of their liberty. Article 10 of the Covenant states that “persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person” (The General Assembly of the United Nations, 1966, p. 176). Unfortunately, inmates of supermaxes are often subjected to hardship and constraints, which is resulting from the nature of these units (Shalev, 2016). Therefore, the placement of prisoners in supermaxes, which are known for their ill-treatment and cruelty, can result in the violation of laws and human rights.
As it was mentioned above, utilizing supermaxes can provoke mental health issues in inmates or exacerbate their existing mental problems. Due to these issues and violence, murders behind bars are a common phenomenon in supermaxes. Indeed, about 25 percent of the occupants commit murders in the U.S. Penitentiary Administrative Maximum (ADX) in Colorado (Gaines & Miller, 2018). Thus, supermaxes not only fail to prevent committing crimes by the occupants in the future but also provoke murder on the territory during the term of inmates’ imprisonment.
Another ethical issue that can be added to the list is the lack of privacy in the supermaxes. The staff always controls prisoners through video cameras and microphones, which are set everywhere, even in the cells, where prisoners spend time during solitary confinement. Stephen Richards highlights this idea in his research focused on prisoners’ lives in one of the first supermax prisons in the USA, USP Marion. His interviewees point out that during their term of imprisonment, they constantly felt that they were watched, and even studied by the prison staff (Richards, 2015). As a result, inmates have constant feelings of insecurity, which further impairs their emotional well-being.
Conclusion
It can be concluded that placing prisoners in supermaxes has significant drawbacks. First of all, it affects inmates’ mental health and provokes murders behind bars. Second, the nature of supermaxes violates human rights and the main provisions of the International Covenant on Civil and Political Rights created by the United Nations. Therefore, there is still a lot to be done to improve the physical conditions and emotional atmosphere in supermaxes to eliminate all the drawbacks mentioned above.
References
Gaines, L., & Miller, R. (2018). Criminal justice in action (10th ed.). Belmont, CA: Wadsworth Publishing.
Mears, D. (2013). Supermax prisons: The policy and the evidence. Criminology & Public Policy, 12(4), 681-719.
Shalev, S. (2016). Solitary confinement and supermax prisons: A human rights and ethical analysis. In J. Kleinig (Eds.), Prisoners’ rights (pp. 215-248). New York, NY: Routledge.
Stephen, R. (2015). USP Marion: A few prisoners summon the courage to speak. Laws, 4(1), 91-106.
The General Assembly of the United Nations. (1966). International Covenant on Civil and Political Rights, March 23, 1976. United Nations Treaty Series, 999(I-14668), 171-346.