Solitary confinement as state harm: Reimagining sentencing in light of dynamic censure and state blame

Punishm Soc. 2024 Jan;26(1):72-90. doi: 10.1177/14624745231184077. Epub 2023 Jul 5.

Abstract

The continuous perpetration of unjustified harms by the carceral state through its use of solitary confinement justifies the creation of a novel process of automatic sentence review. This process is necessary to account for such state-perpetrated harms and communicate censure more accurately. This article proposes the use of a communicative theory of punishment developed in sentencing to characterise and account for the state's wrongdoing and harms in the context of a sentence that involves solitary confinement. Specifically, it outlines a justification for an automatic review process of the offender's carceral sentence based on an expanded and relational understanding of censure developed in the literature and proposes a two-step process to implement this review.

Keywords: harms; sentence reviews; solitary confinement; state.