Brigham Young University Prelaw Review
Keywords
Disciplinary Segregation, Solitary Confinement, Cruel and Unusual Punishment, Arbitrary Punishment, Psychological Effects, Recidivism, Prison
Abstract
Disciplinary segregation has historically been used as an arbitrary form of punishment in American prison systems. The severe psychological effects of this confinement allow it be classified as a cruel and unusual punishment under the Eighth Amendment and generally lead to higher recidivism rates. This Note argues that in order to prevent these effects from occurring, disciplinary segregation should be ruled unconstitutional. Previous scholarship has argued for removal of solitary confinement generally. In contrast, this Note argues for the removal of disciplinary segregation specifically, while maintaining the use of necessary forms of solitary confinement such as administrative segregation. This will prevent harm against vulnerable inmates and the prison system. Banning disciplinary segregation will protect the general population by reducing recidivism rates, and discouraging violent and antisocial behaviors of prisoners that could be incurred by the infliction of disciplinary segregation.
BYU ScholarsArchive Citation
Swolgaard, Elijah and Schlag, Spencer
(2025)
"Too Much Time Alone: Disciplinary Segregation as a Cruel and Unusual Punishment,"
Brigham Young University Prelaw Review: Vol. 39, Article 4.
Available at:
https://scholarsarchive.byu.edu/byuplr/vol39/iss1/4