Grassian Journal of Law and Policy Psychiatric Effects of Solitary Confinement 2006
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Psychiatric Solitary Confinementt Confinement t Psychiatric Effects of Solitary Stuart Grassian· Grassian* TABLE OF CONTENTS CONTENTS PRE FA CE ....................................................................................... PREFACE ....................................................................................... 327 I. O VERV IEW ....................................................................................... 327 OVERVIEW .......................................................................................327 II. SOLITARY SOLITARY CONFINEMENT CONFINEMENT CAN CAUSE SEVERE PSYCHIATRIC PSYCHIATRIC H AR M ....................................................................................... HARM ....................................................................................... 333 A. Solitary Solitary Confinement Confinement Can Can Cause Cause a Specific Psychiatric Psychiatric Syndrom e ......................................................................... 333 Syndrome ......................................................................... 333 1. The Specific Psychiatric 1. Psychiatric Syndrome Syndrome Associated with Solitary Confinem ent ................................................. ................................................. 335 Solitary Confinement 2. This Syndrome has the Characteristics of an Acute Organic Brain Syndrome-A Syndrome-A Delirium ..................... ..................... 337 337 B. The Historical Confinement: Historical Experience Experience with Solitary Solitary Confinement: The Nineteenth Century 338 Century Experience Experience ................................ ................................ 338 1. The Origin of the American 1. American Penitentiary: The The Experience ................... ................... 338 338 Nineteenth Century Century German German Experience .................. 341 2. Psychological Psychological Effects of Severe Severe Isolation .................. C. The Twentieth Century Century Experience: Experience: Prisoners War, C. Prisoners of War, "Brain Washing, Washing, "and Research.............. .............. 343 "Brain " and Experimental Experimental Research 1. Prisoners of War and "Brain Washing" Washing" ................ 1. ..................... 343 343 2. Experimental ........ 345 Experimental Research on Sensory Deprivation ........ D. FactorsEffecting Response to Sensory Restriction D. Factors Restriction and Confinem ent....................................................... ....................................................... 346 Solitary Solitary Confinement 346 1. Differing Conditions ofIsolation of Isolation ............................... 1. ............................... 346 346 2. The Perceived ...... 347 Perceived Intent of the Isolation Experience Experience ...... 347 3. Individual Differences in Response ........................... Differences Response ........................... 347 t This article was prepared from a statement statement given to the Commission on Safety Safety and and Abuse Abuse in America's America's Prisons. As the article is an overview of the psychiatric psychiatric effects of of confinement confinement throughout throughout history it is not fully footnoted (617) 244-2792; •* M.D. Phone: (617) (617) 244-3315; Fax: (617) 244-2792; 401 Beacon Street, Chestnut Hill, Hill, Mass. 02467-3976; 02467-3976; e-mail: stgrassian@aol.com. stgrassian@aol.com. 325 HeinOnline -- 22 Wash. U. J.L. & Pol'y 325 2006 & Policy Journal of Law & 326 [Vol. 22:325 [Vol. a. b. Findings at Pelican Pelican Bay State State Prison ............... Findings ............... 349 Attention Attention Deficit and Antisocial Antisocial Personality Personality D isorders .......................................................... .......................................................... 350 Disorders 350 c. Coughlin......................................... ......................................... 351 Langley v. Coughlin d. Effects Effects on Psychologically Psychologically More Resilient Inmates: Baraldini v. Meese and Hameed Hameed v. Inmates: Baraldini Coughlin .......................................................... .......................................................... Coughlin 352 E. and Small Group Group E. Long Term Effects of Solitary Solitary and C onfinem ent .................................................................... .................................................................... 353 Confinement CON CLU SION S .................................................................................. III. CONCLUSIONS .................................................................................. 354 354 APPENDIX REPORTS OF PSYCHIATRIC IN APPENDIX A: REpORTS PSYCHIATRIC DISTURBANCES DISTURBANCES IN OTHER CONDITIONS OF RESTRICTED ENVIRONMENTAL OTHER CONDITIONS RESTRICTED ENVIRONMENTAL STIM ULATION ................................................................................. STIMULATION ................................................................................. 356 356 I. AVIATION AVIA TION ....................................................................................... 356 ....................................................................................... 356 II. II. SMALL SMALL GROUP GROUP CONFINEMENT.......................................................... .......................................................... 357 357 III. POLAR HABITATION HABITATION ......................................................................... ......................................................................... 358 358 IV. EXPLORERS: EXPLORERS: SOLO VOYAGES VOyAGES .......................................................... .......................................................... 361 V. MEDICAL CONDITIONS ...................................................................... CONDITIONS ...................................................................... 362 A. Eye Patched .......................................................... 362 Patched Patients Patients .......................................................... B. P oliomyelitis ....................................................................... B. Poliomyelitis .. ..................................................................... 363 C CardiacPatients P atients................................................................. C.. Cardiac ................................................................. 363 D. Hearing-Impaired ............................................ 364 D. Hearing-Impaired Individuals Individuals ............................................ E. Other Other Medical Medical Patients Patients....................................................... E. ....................................................... 365 SITUATIONS .......................................................... .......................................................... VI. OCCUPATIONAL OCCUPATIONAL SITUATIONS 365 VII. ANIMAL STUDIES ............................................................................ ............................................................................ 365 GERMAN EXPERIENCE APPENDIX B: THE NINETEENTH NINETEENTH CENTURY CENTURY GERMAN WITH SOLITARY SOLITARY CONFINEMENT WITH CONFINEMENT .................................................... .................................................... 367 APPENDIX C: EXPERIMENTAL PSYCHIATRIC APPENDIX EXPERIMENTAL RESEARCH ON THE THE PSYCHIATRIC EFFECT OF PROFOUND SENSORY DEPRIVATION: DEPRIVATION: FACTORS EFFECT PROFOUND SENSORY INFLUENCING VULNERABILITY ............ 373 INFLUENCING VULNERABILITY TO PSYCHIATRIC PSYCHIATRIC HARM ............ I. THE INFLUENCE OF EXPECTATION ..................................................... I. EXPECTATION ..................................................... 373 II. INDIVIDUAL DIFFERENCES IN RESPONSE ......................................... 374 II.lNDNIDUAL IN RESPONSE ......................................... A. Effects of Sensory Sensory Deprivation Deprivationon Antisocial Personality A. Antisocial Personality D isorder .......................................................................... Disorder .......................................................................... 376 1. Aversive 1. Aversive Conditioning ............................................... ............................................... 376 Considerations ..................................... ..................................... 378 a. Ethical Considerations Incarceration is not Aversive b. SHU SHU Incarceration C onditioning .................................................... 378 Conditioning .................................................... 378 HeinOnline -- 22 Wash. U. J.L. & Pol'y 326 2006 2006] Psychiatric Effects Effects of Solitary Solitary Confinement Confinement Psychiatric 327 379 (i) The The behavior behavior being being changed: changed: ........................... ........................... 379 379 (ii) The ent": ........................................... The "punishm "punishment": ........................................... 379 APPENDIX D: APPENDIX D: REPORTS REpORTS OF OF THE LONG-TERM LONG-TERM EFFECTS OF OF SOLITARY CONFINEMENT CONFINEMENT IN FORMER FORMER POLITICAL POLITICAL PRISONERS PRISONERS SOLITARY AND AND IN IN PRISONERS PRISONERS OF WAR: WAR: SOLITARY SOLITARY CONFINEMENT CONFINEMENT AS AS A .......... 380 MEANS OF "BRAIN "BRAIN WASHING" WASHING" AND "INDOCTRINATING". "INDOCTRINATING" ........... 380 PREFACE PREFACE Psychiatrist who was on the Dr. Grassian Grassian is a Board Certified Certified Psychiatrist Harvard Medical Medical School for over twenty-five twenty-five years. He faculty of the Harvard evaluating the psychiatric has had extensive extensive experience of experience in evaluating psychiatric effects effects of solitary confinement, confinement, and in the course course of his professional involvement, has been involved as an expert regarding regarding the psychiatric psychiatric segregation and disciplinary impact of federal and state segregation disciplinary units in many observations and conclusions regarding settings. His observations regarding this issue have decisions. The following been cited cited in a number of federal court decisions. been statement statement is largely largely a redacted, non-institution non-institution and non-inmate declaration which was submitted in September September specific, version of a declaration 1993 in Madrid Madrid v. Gomez.1l To enhance enhance the readability of this described in statement, much of the supporting medical literature is described the appendices appendices to the statement. OVERVIEW I. OVERVIEW confinement of a prisoner Solitary confinement-that confinement-that is the confinement prisoner alone environmental in a cell for all, or nearly all, of the day with minimal environmental stimulation and minimal opportunity for social interaction--can interaction--can cause severe psychiatric psychiatric harm. It has indeed long been known that severe restriction of environmental and social stimulation has a profoundly profoundly deleterious effect on mental functioning; this issue has been a major concern for many groups of patients including, for example, patients in intensive care units, spinal patients immobilized immobilized of impairment of by the need for prolonged traction, and patients patients with impairment remanded, 150 F.3d 1030 (9th Cir. Cal. 1995), rev'd and remanded, 1. 889 F. Supp. 1146 (N.D. Cal. I. 1998). 1998). HeinOnline -- 22 Wash. U. J.L. & Pol'y 327 2006 328 & Policy Journal of Law & [Vol. [Vol. 22:325 eye-patched or hearing-impaired their sensory sensory apparatus (such as eye-patched patients). This issue has also been a very significant concern in military situations, polar and submarine submarine expeditions, and in preparations for space travel. preparations The United States was actually the world leader in introducing of prolonged incarceration, incarceration, and solitary confinement, as a means of dealing with criminal behavior. The "penitentiary "penitentiary system" began in the United States, first in Philadelphia, in the early nineteenth century, a product of a spirit of great social optimism about the possibility rehabilitation of individuals individuals with socially deviant deviant possibility of rehabilitation Americans were quite proud of their "penitentiary "penitentiary behavior.22 The Americans system" and they invited and encouraged encouraged important important visitors from abroad to observe them.33 This system, originally originally labeled labeled as the "Philadelphia System," System," involved "Philadelphia involved almost an exclusive exclusive reliance upon confinement as a means of incarceration solitary confinement incarceration and also became the predominant incarceration, both for post conviction and also predominant mode of incarceration, for pretrial pretrial detainees, detainees, in the several European prison prison systems which 4 emulated the American model. emulated The results were, in fact, catastrophic. The incidence incidence of mental disturbances such disturbances among prisoners prisoners so detained, and the severity severity of such disturbances, disturbances, was so great that the system fell into disfavor disfavor and was ultimately abandoned. During this process a major body body of clinical literature developed which literature developed which documented documented the psychiatric disturbances disturbances created created by such stringent stringent conditions of confinement.55 The paradigmatic disturbance was an agitated paradigmatic psychiatric psychiatric disturbance agitated confusional characteristics confusional state which, in more severe cases, had the characteristics of a florid delirium, characterized by severe delirium, characterized severe confusional, confusional, paranoid, paranoid, and hallucinatory hallucinatory features, and also by intense agitation and random, impulsive, disturbances were impulsive, often self-directed self-directed violence. Such disturbances were often often 2. 2. An An excellent excellent history history of of the the Philadelphia Philadelphia System is is found in NORMAN NORMAN JOHNSTON JOHNSTON ET ET AL., AL., EASTERN EASTERN STATE STATE PENITENTIARY: PENITENTIARY: CRUCIBLE CRUCIBLE OF OF GOOD GOOD INTENTIONS INTENTIONS (1994). (I 994}. 3. 3. See See DAVID DAVID ROTHMAN, ROTHMAN, THE THE DISCOVERY DISCOVERY OF OF THE THE ASYLUM ASYLUM 81 (1971); (1971); see see also also GUSTAVE IN THE GUSTAVE DE DE BEAUMONT BEAUMONT & ALEXIS ALEXIS DE DE TOCQUEVILLE, TOCQUEVILLE, ON ON THE THE PENITENTIARY PENITENTIARY SYSTEM SYSTEM IN THE UNITED STATES AND UNITED STATES AND ITS ITS APPLICATION ApPLICATION IN FRANCE, FRANCE, http://www.law.du.edu/sterling/Content/ http://www.law.du.edulsterling/Contenti ALH/Tocqueville Pen.pdf; CHARLES AMERICAN NOTES CHARLES DICKENS, DICKENS, AMERICAN NOTES AND AND PICTURES PICTURES FROM FROM ITALY ITALY ALHlTocqueville]en.pdf; (Leonee (1842). (Leonee Ormond ed., ed., Everymans Everymans Library Library 1997) 1997) (1842). 4. 96-101. 4. ROTHMAN, ROTHMAN, supra note note 3, 3, at at 96-101. 5. 5. See See Appendix Appendix D D (describing (describing this literature). literature). HeinOnline -- 22 Wash. U. J.L. & Pol'y 328 2006 2006] Confinement Psychiatric Effects of Solitary Confinement Psychiatric 329 observed observed in individuals who had no prior history history of any mental illness. In addition, solitary confinement confinement often resulted in severe exacerbation previously existing mental condition. Even Even among exacerbation of a previously of inmates who did not develop overt psychiatric psychiatric illness illness as a result of solitary confinement, confinement almost inevitably confinement, such confinement inevitably imposed imposed significant significant psychological psychological pain during the period of isolated confinement confinement and often significantly impaired the inmate's capacity capacity to adapt successfully successfully to the broader prison environment. It is both tragic and highly disturbing that the lessons of the nineteenth century experience with solitary confinement century experience confinement are today being so completely completely ignored by those responsible for addressing the housing and the mental health needs in the prison setting. For, indeed, the psychiatric hann harm caused caused by solitary confinement had become exceedingly apparent exceedingly apparent well over one hundred hundred years ago. Indeed, by 66 the United States Supreme Court explicitly 1890, with In re Medley, Supreme explicitly 1890, recognized harm caused by solitary recognized the massive psychiatric hann confinement: This matter of solitary confinement confinement is not ... ... a mere unimportant regulation regulation as to the safe-keeping safe-keeping of the prisoner prisoner unimportant [E]xperience [with the penitentiary ..... . [E]xperience penitentiary system of solitary confinement] demonstrated that there were serious objections confinement] demonstrated to it. A considerable number of the prisoners considerable number prisoners fell, after even a short confinement, confinement, into a semi-fatuous condition, from which it was next to impossible impossible to arouse them, and others others became became violently violently insane; insane; others, still, committed committed suicide; while those who stood the ordeal better were not generally generally reformed, refonned, and of in most cases did not recover recover sufficient mental activity to be of any subsequent subsequent service to the community. 77 The consequences consequences of the Supreme Court's holding were quite dramatic for Mr. Medley. Mr. Medley had been convicted of having murdered murdered his wife. Under the Colorado Colorado statute statute in force at the time of of the murder he would have been executed after about one additional murder (1890). 6. 134 U.S. U.s. 160 (1890). Id. at 167-68. 7. Id. HeinOnline -- 22 Wash. U. J.L. & Pol'y 329 2006 330 & Policy Journal of Law & [Vol. 22:325 month of incarceration incarceration in the county jail. But in the interim between between Mr. Medley's legislature had passed Medley's crime and his trial the Colorado Colorado legislature passed a new statute which called for the convicted murderer murderer to be, instead, incarcerated in solitary solitary confinement in the state state prison during the month prior to his execution. 8 Unhappily, when the legislature legislature passed passed the new law it simultaneously simultaneously rescinded rescinded the older law without allowing allowing for a bridging clause which would have allowed for Mr. 9 older statute. under the Medley's sentencing sentencing under the older statute. 9 Mr. Medley appealed his sentencing sentencing under the new statute, statute, arguing that punishment under this new law was so substantially substantially more burdensome burdensome than punishment under the old law as to render its 10 The Supreme post facto. Supreme Court agreed with facto. 10 application to him ex post Medley him, even though it simultaneously simultaneously recognized recognized that if Mr. Medley sentenced at was not sentenced sentenced under the new law, he could not be sentenced all."11 Despite this, the Court held that this additional additional punishment punishment of all. of one month of solitary confinement was simply too egregious egregious to and ordered ignore; the Court declared Mr. Medley a free man, ordered his 12 . 12 prison. release re Iease from from pnson. Dramatic psychiatric effects of Dramatic concerns concerns about the profound psychiatric of confinement have continued continued into the twentieth century, both solitary confinement in the medical literature literature and in the news. The alarm raised about the washing" of political of "brain washing" political prisoners prisoners of the Soviet Union and of Communist China-and China-and especially especially of American American prisoners prisoners of war War-gave rise to a major body of medical and during the Korean War-gave literature concerning deprivation and and scientific literature concerning the effects effects of sensory deprivation experimental social isolation, including a substantial body of experimental research. 13 13 This literature, as well as my own observations, observations, has demonstrated demonstrated that, deprived of a sufficient level of environmental sufficient environmental and social stimulation, individuals will soon become become incapable of maintaining an adequate attention to the environment. adequate state of alertness and attention 8. 9. 10. Id. at 162--63. 162-63. [d. Id. at 166. 166. /d. Id. at 162. [d. 11. [d. Id. at 166. 11. Id. at 174. 12. [d. MANIPULATION OF HUMAN BEHAVIOR 2-3, 35 (Albert D. Biderman 13. THE MANiPULATION HUMAN BEHAVIOR Biderman & Herbert Herbert 1961). Zimmer eds., eds., 1961). HeinOnline -- 22 Wash. U. J.L. & Pol'y 330 2006 2006] Psychiatric Psychiatric Effects of Solitary Solitary Confinement Confinement 331 confinement will predictably predictably shift Indeed, even a few days of solitary confinement the electroencephalogram electroencephalogram (EEG) pattern pattern toward toward an abnormal pattern characteristic characteristic of stupor and delirium. This fact is not surprising. Most individuals individuals have at one time or or another another experienced, experienced, at least briefly, briefly, the effects of intense monotony and inadequate environmental stimulation. After even a relatively relatively inadequate environmental brief period individual is likely to period of time in such a situation an individual descend into a mental torpor or "fog," "fog," in which alertness, attention, and concentration concentration all become impaired. In such a state, after a time, the individual becomes increasingly processing external external increasingly incapable of processing stimuli, and often becomes "hyperresponsive" "hyperresponsive" to such stimulation. For example, a sudden sudden noise or the flashing of a light jars the individual individual from his stupor and becomes intensely unpleasant. Over Over time the very absence of stimulation causes whatever whatever stimulation stimulation is available become noxious and irritating. Individuals in such a available to become stupor tend to avoid any stimulation, and withdraw progressively progressively into themselves themselves and their own mental fog. An adequate state of responsiveness responsiveness to the environment requires both the ability ability to achieve achieve and maintain an attentional attentional set and the ability to shift attention. The impairment of alertness and concentration in solitary related concentration solitary confinement leads to two related abnormalities: shift abnormalities: the inability to focus, and the inability inability to shift attention. The inability to focus (to achieve and maintain maintain attention) attention) is experienced "fog" in dissociative stupor-a stupor-a mental "fog" experienced as a kind of dissociative which the individual individual cannot focus attention, and cannot, for example, example, grasp or recall when when he attempts to read or to think. "tunnel vision" The inability to shift attention results in a kind of "tunnel in which the individual's attention becomes becomes stuck, almost always on on something intensely unpleasant, and in which he cannot stop thinking something cannot about that matter; instead, he becomes becomes obsessively fixated upon it. These obsessional preoccupations preoccupations are especially especially troubling. Individuals in solitary solitary confinement confinement easily become become preoccupied preoccupied with some thought, some perceived slight or irritation, some sound or or smell coming from a neighboring cell, or, perhaps most commonly, individuals are unable by some bodily sensation. Tortured by it, such individuals to stop dwelling on it. In solitary solitary confinement ordinary ordinary stimuli become intensely unpleasant and small irritations become become confinement brood upon normally maddening. Individuals in such confinement HeinOnline -- 22 Wash. U. J.L. & Pol'y 331 2006 332 Journal Journal of Law & & Policy Policy [Vol. 22:325 unimportant of unimportant stimuli and minor irritations become the focus of increasing increasing agitation and paranoia. I have examined examined countless individuals confinement who have become obsessively individuals in solitary solitary confinement obsessively preoccupied with some minor, almost imperceptible preoccupied imperceptible bodily sensation, a sensation which grows over time into a worry, and finally into an all-consuming, all-consuming, life-threatening life-threatening illness. experiencing such environmental Individuals experiencing environmental restriction restriction find it daytime alertness and difficult to maintain a normal pattern of daytime nighttime sleep. They often find themselves incapable of resisting day-incapable of resisting the paralyzing paralyzing effect their bed during the day-incapable of their stupor-and stupor-and yet incapable of any restful sleep at night. The meaningful activity is further compounded compounded by the effect of of lack of meaningful continual exposure to artificial light and diminished diminished opportunity to experience natural daylight. And the individual's difficulty experience difficulty in maintaining maintaining a normal day-night sleep cycle is often far worsened by constant intrusions on nighttime dark and quiet, such as steel doors slamming shut, flashlights shining in their face, and so forth. There are substantial differences in the effects substantial differences effects of solitary confinement upon different individuals. Those most severely severely affected confinement are often individuals individuals with evidence of subtle neurological neurological or attention deficit deficit disorder, or with some other vulnerability. These individuals suffer from states of florid psychotic delirium, marked by severe hallucinatory hallucinatory confusion, disorientation, and even incoherence, incoherence, and by intense agitation and paranoia. intense agitation These psychotic disturbances often have a dissociative dissociative character, and individuals so affected often do not recall events confusional events which which occurred during the course of the confusional psychosis. Generally, individuals with more stable personalities personalities and greater ability to modulate their emotional expression and behavior behavior and individuals individuals with stronger cognitive functioning are less severely severely affected. However, experience a However, all of these individuals will still experience concentration, degree of stupor, difficulties with thinking and concentration, obsessional thinking, agitation, irritability, obsessional irritability, and difficulty tolerating external stimuli (especially noxious stimuli). Moreover, suffered by Moreover, although many of the acute symptoms suffered these inmates are likely to subside upon termination of solitary confinement, many-including many-including some who did not become overtly psychiatrically ill during their confinement solitary-will likely confinement in solitary-will suffer permanent permanent harm as a result of such confinement. This harm is HeinOnline -- 22 Wash. U. J.L. & Pol'y 332 2006 2006] 2006] Psychiatric Effects Effects of of Solitary Solitary Confinement Confinement Psychiatric 333 social most commonly commonly manifested manifested by by a continued continued intolerance intolerance of social interaction, a handicap which which often often prevents the inmate inmate from from interaction, successfully readjusting readjusting to the broader broader social social environment environment of general general successfully population in in prison and, perhaps perhaps more more significantly, significantly, often often severely severely population impairs the inmate's capacity capacity to reintegrate reintegrate into the broader broader impairs community upon release release from imprisonment. community Many inmates housed in such stringent stringent conditions conditions are extremely extremely Many they are harm or fearful of acknowledging the psychological stress are psychological acknowledging experiencing as a result of such such confinement. confinement. This reluctance reluctance of of experiencing inmates in solitary confinement confinement is a response response to the perception perception that "break them authorities to "break such confinement overt attempt by authorities them confinement is an overt down" psychologically, psychologically, and in my experience, experience, tends to be more more severe when when the inmate experiences stringencies of his experiences the stringencies confinement as being the product of an arbitrary exercise of power, confinement rather rather than the fair result of an inherently inherently reasonable reasonable process. process. mental settings, confinement Furthermore, in solitary confinement mental health health screening interviews screening interviews are often conducted conducted at the cell cell front, rather than in a private private setting, and inmates inmates are generally generally quite quite reluctant reluctant to interview disclose psychological psychological distress in the context context of such an interview since such conversation conversation would inevitably be heard by other inmates inmates in adjacent cells, exposing them to possible stigma and humiliation in front of their fellow inmates. PSYCHIATRIC II. SOLITARY CONFINEMENT CAN CAUSE SEVERE PSYCHIATRIC SOLITARY CONFINEMENT HARM Can Cause A. Solitary Solitary Confinement Can Cause a Specific Psychiatric Psychiatric Syndrome During the course of my involvement as an expert I have had the confinement opportunity to evaluate the psychiatric effects of solitary confinement in well over two hundred prisoners in various state and federal so penitentiaries. I have observed observed that, for many of the inmates so housed, incarceration incarceration in solitary caused either severe exacerbation exacerbation or appearance of an acute mental preexisting illness, or the appearance recurrence of preexisting recurrence illness in individuals who had previously previously been free of any such illness. I became aware of the particular toxicity of solitary confinement evaluate prisoners in solitary when I first had the opportunity to evaluate HeinOnline -- 22 Wash. U. J.L. & Pol'y 333 2006 334 & Policy Journal of Law & [Vol. 22:325 confinement confinement as a result of my involvement in a class action lawsuit in confinement Massachusetts, Massachusetts, which challenged conditions in solitary confinement at the maximum security state penitentiary maximum security penitentiary in Walpole, Massachusetts. 1144 The clinical observations I made in the course of my involvement coupled with my research research into the involvement in that lawsuit, coupled medical literature concerning concerning this issue, have formed the basis of two peer-reviewed articles I have since published published on this topic in peer-reviewed journals. 1515 My subsequent professional experience experience has included observations phenomena in many other solitary observations of similar phenomena confinement settings. confinement When I initially agreed to evaluate the Walpole prisoners I had not yet reviewed the literature on the psychiatric effects effects of solitary confinement and I was somewhat skeptical; I expected confinement expected that inmates psychiatric exaggerate whatever would feign illness and exaggerate whatever psychiatric symptomatology symptomatology they suffered. I discovered, however, something very different. Contrary to my expectations, expectations, the prisoners appeared appeared to be extremely defensive about the psychiatric psychiatric problems they were suffering in Special Housing Unit (SHU); (SHU); they tended to rationalize away their symptoms, avoid talking about them, or deny or distort apparent effort to minimize their existence all in an apparent minimize the significance significance Numerous interviews to isolation. of their reactions reactions interviews began with "some of the guys "solitary doesn't bother me" or "some statements such as "solitary me," or even with the mention of a symptom symptom and a can't take it-not me," started significance: "As "As soon as I got in I started simultaneous denial of its significance: here." cutting my wrists. I figured it was the only way to get out of here." As these interviews interviews progressed the facile accounts gave way to experiences that were very worrisome. For example, descriptions of experiences descriptions one inmate was unable to describe the events of the several days surrounding surrounding his wrist-slashing, nor could he describe his thoughts or feelings at the time. Similarly, the prisoner who said he could "take eventually came it" eventually and came to describe panic, fears of suffocation, and paranoid distortions which he suffered suffered while in isolation. Moreover, 1982). Comm'r of Corr., 432 N.E.2d 486 (Mass. 14. Libby v. Comrn'r ofCorr., (Mass. 1982). of Sensory Deprivation Deprivationin Psychiatric Stuart Grassian & 15. See Stuart & Nancy Friedman, Effects o/Sensory Psychiatric (1986); Stuart Grassian, & PSYCHIATRY and Solitary Solitary Confinement, Confinement, 88 INT'L J.L. & Seclusion and Seclusion PSYCHIATRY 49 (1986); (1983). PSYCHIATRY 1450 (1983). of Solitary Confinement, Confinement, 140 PsychopathologicalEffects a/Solitary Psychopathological 140 AM. J. PSYCHIATRY HeinOnline -- 22 Wash. U. J.L. & Pol'y 334 2006 2006] Psychiatric Psychiatric Effects of Solitary Confinement Confinement 335 the specific psychiatric symptoms reported reported were strikingly consistent consistent among the inmates: 1. The Specific Psychiatric Syndrome Associated 1. Associated with Solitary Confinement Confinement a. Hyperresponsivity Hyperresponsivity to External Stimuli: More than half the progressive inability to tolerate ordinary prisoners prisoners reported a progressive ordinary stimuli. "You get sensitive to noise, the plumbing system. For example, "You ... It's It's Someone in the tier above me pushes the button on the faucet ... too loud, gets on your nerves. I can't stand it. I start to holler." Hallucinations: Almost b. Perceptual Perceptual Distortions, Illusions, and Hallucinations: Almost a third of the prisoners described hearing voices, often in whispers and of often saying frightening things to them. There were also reports of noises taking on increasing meaning and frightening significance. significance. For For example, "I hear noises, can't identify them-starts to sound like I'm ... I'm sticks beating men, but I'm pretty sure no one is being beaten ... not sure." sure." These These perceptual perceptual changes at times became more complex complex and personalized: personalized: They come by with four trays; the first has big pancakes. I think I am going to get them. Then someone someone comes up and gives me tiny ones-they get real small, like silver dollars. I seem to see movements, real fast motions in front of me. Then seems like they are doing things behind your back, can't quite see them. Did someone just hit me? I dwell on it for hours. c. Panic Attacks: Well over half the inmates interviewed interviewed described severe panic panic attacks while in SHU. d. Difficulties with Thinking, Concentration, and Memory: Many reported concentration and memory. One reported symptoms of difficulty in concentration ... described his experience, "I can't concentrate, prisoner concentrate, can't read ... prisoner described experience, "I Your mind's narcotized. Sometimes I can't can't grasp words in my mind Memory's that I know. Get stuck, have to think of another word. Memory's going. You feel like you are losing something you might not get get back." back." In some cases this problem problem was far more severe, leading leading to acute acute psychotic, psychotic, confusional confusional states. One prisoner had slashed his wrists during such a state and his confusion and disorientation disorientation had actually actually been noted in his medical record. HeinOnline -- 22 Wash. U. J.L. & Pol'y 335 2006 336 Journal of Law & & Policy [Vol. 22:325 Thoughts: Emergence of Primitive e. Intrusive Obsessional Thoughts: Aggressive Ruminations: Almost half the prisoners Aggressive prisoners reported reported the emergence of primitive aggressive fantasies of revenge, torture, and emergence primitive aggressive mutilation of the prison guards. In each case the fantasies were described as entirely unwelcome, unwelcome, frightening, and uncontrollable. For example, one prisoner recounted recounted I try to sleep sixteen sixteen hours a day, block out my thoughts; muscles tense, think of torturing and killing the guards; lasts a couple of hours. I can't stop it. Bothers me. Have Have to keep ... I get control. This makes me think I'm flipping my mind ... back-pictured throwing a guard in panicky, thoughts thoughts come back-pictured lime-eats away at his skin, his flesh-torture him-try to block it out, but I can't. f.f. Overt Paranoia: Paranoia: Almost half the prisoners interviewed interviewed reported reported persecutory fears. Some of these persecutory persecutory fears were paranoid and persecutory prisoner short of overt psychotic disorganization. For example, one prisoner "sometimes I get paranoid-think paranoid-think they meant something recalled "sometimes else. Like a remark about Italians. Dwell on it for hours. Get frantic. Like when they push buttons on the sink. Think they did it just to annoy me." me." In other cases cases this paranoia deteriorated deteriorated into overt psychosis: Spaced out. Hear singing, people's voices, 'Cut 'Cut your wrists tonight.' I and go to Bridgewater Bridgewater and the Celtics Celtics are playing tonight.' ... I suspect they are putting drugs in doubt myself. Is it real? ... ... The Reverend, my food, they are putting drugs in my cell ... Reverend, Scared the priest, even you, you're all in cahoots in the Scared Straight Program. g. Problems Problems with Impulse Impulse Control: Control: Slightly less than half of the prisoners random prisoners reported reported episodes of loss of impulse control with random violence: "I snap off the handle over absolutely violence: "I absolutely nothing. Have torn tom up mail and pictures, pictures, throw things around. Try to control it. Know it impulsive only hurts myself." myself." Several of these prisoners prisoners reported impUlsive self-mutilation; self-mutilation; "I "I cut my wrists many times in isolation. Now it seems crazy. But every time I did it, I wasn't thinking-lost control--cut control--cut myself without knowing what I was doing." HeinOnline -- 22 Wash. U. J.L. & Pol'y 336 2006 2006] 2006] Psychiatric Psychiatric Effects Effects of of Solitary Solitary Confinement Confinement 337 2. This Syndrome Syndrome has the Characteristics Characteristics of an Acute Acute Organic Organic 2. Syndrome-A Delirium Delirium Brain Syndrome-A Brain Clearly, these these symptoms were very very dramatic. dramatic. Moreover, they they symptoms were of form aa discreet syndrome-that syndrome-that is, a constellation constellation of appeared to form appeared over symptoms symptoms occurring occurring together and with a characteristic characteristic course course over illness. Moreover, this syndrome syndrome thus suggestive suggestive of a discreet illness. time, thus symptoms described above above are strikingly unique; unique; some of the symptoms was strikingly virtually no other psychiatric psychiatric illness. The characteristic characteristic acute found in virtually dissociative, confusional confusional psychoses psychoses are a rare phenomenon phenomenon in dissociative, Similarly, cases of random, impulsive violence psychiatry. violence in the psychiatry. Similarly, exceedingly rare. But the most context of such confusional state is exceedingly cluster are the striking and dramatically dramatically unique symptoms in this cluster by the isolated person. extensive extensive perceptual perceptual disturbances experienced experienced Indeed, Indeed, these disturbances disturbances are almost pathognomonic pathognomonic of the they are symptoms symptoms virtually virtually found nowhere nowhere else. syndrome, meaning they larger For example, loss of perceptual perceptual constancy constancy (objects becoming larger and smaller, seeming to "melt" "melt" or change change form, sounds becoming becoming louder and softer, etc.) is very rare rare and, when found, is far more commonly associated associated with neurological illness (especially (especially seizure commonly affecting sensory integration integration areas of the disorders and brain tumors affecting 16 illness. psychiatric primary with brain) than primary psychiatric illness. 16 In addition, functional psychiatric psychiatric illness very rarely presents presents with severe and florid perceptual perceptual distortions, illusions, and such severe hallucinations simultaneously hallucinations simultaneously affecting affecting multiple perceptual perceptual 17 kinesthetic. 17 tactile, and modalities-auditory, modalities-auditory, visual, olfactory, olfactory, tactile, and kinesthetic. Similarly, hyperresponsivity hyperresponsivity to external external stimuli with a dysesthetic to such stimuli, is likewise rare. In response (subjectively painful) (subjectively appearance of this symptom fact, it is exceedingly exceedingly rare; so rare that appearance symptom brain dysfunction etiology.'188 also might suggest an organic etiology. 16. When seen in primary psychiatric illness, it is basically 16. basically only seen in especially severe, schizophrenic illness which has always been been insidious, early onset schizophrenia-the schizophrenia-the kind of schizophrenic biological/neurologic disease. "feel" like a fundamentally thought to clinically "feel" fundamentally biologicaUneurologic 17. In fact, in the more common psychotic illnesses such as schizophrenia schizophrenia and psychotic depression, auditory hallucinations are by far the most common type; visual hallucinations come a distant second; and hallucinations hallucinations in all other modalities are actually very uncommon. Moreover, combined modality hallucinations (other than the combination of auditory with visual) are exceedingly rare. 18. This symptom is similar, for example, to the experience many people have during a HeinOnline -- 22 Wash. U. J.L. & Pol'y 337 2006 338 Journal Journal of Law & Policy [Vol. 22:325 Thus, the fact that all of these quite unusual symptoms symptoms ran together in the same syndrome was itself a clear confirmation confirmation of the distinct nature of this syndrome. While this syndrome is strikingly strikingly atypical for the functional functional psychiatric illnesses, illnesses, it is quite characteristic acute organic organic brain syndrome: syndrome: delirium, a characteristic of an acute syndrome characterized by a decreased level of alertness and EEG EEG syndrome characterized abnormalities; abnormalities; by the same perceptual perceptual and cognitive cognitive disturbances, disturbances, fearfulness, paranoia, selfparanoia, and agitation; and random, impulsive, and selfdestructive behavior behavior which I observed in the Walpole Walpole population. Moreover, delirium is a syndrome syndrome which is known to result from environmental stimulation, the type of conditions, including restricted environmental which are characteristic characteristic of solitary confmement. confinement. Even the EEG EEG abnormalities characteristic abnormalities characteristic of delirium have been observed in individuals exposed to conditions conditions of sensory deprivation. By now the individuals potentially catastrophic catastrophic effects of restricted restricted environmental environmental voluminous medical literature; stimulation have been the subject of a voluminous international symposia are being held on the subject, and the annual international issue has even found its way into the popular popular media. The literature is summarized in the appendices summarized appendices to this statement. B. The Historical Experience with Solitary Confinement: The Historical Experience Solitary Corifinement: The Nineteenth Experience Nineteenth Century Experience 1. The Origin Penitentiary: The Nineteenth Nineteenth 1. Origin of the American American Penitentiary: Century German German Experience Experience Preindustrial Preindustrial societies had often not made any fundamental "criminal distinction between deviant behavior seen as the product of "criminal stemming from "mental intent" as opposed to behavior seen as stemming 19 For illness."' 19 behavior-whatever its such societies, deviant deviant behavior-whatever illness." origins-was origins-was a social evil that was deeply feared and cruelly cruelly punished. febrile illness of finding any touching of their body exceedingly exceedingly unpleasant, or the inability inability of a patient with a headache headache to tolerate an even ordinary ordinary volume of sound, or the inability of some becoming nauseated. pregnant women to tolerate even ordinary ordinary smells without becoming 19. ROTHMAN, supra supra note 3, at 4-5, 62-65. HeinOnline -- 22 Wash. U. J.L. & Pol'y 338 2006 2006] Psychiatric Effects of Solitary Psychiatric Solitary Confinement Confinement 339 In Colonial America the Salem witch trials were but one example "demonic of a continuing tendency to equate "lunacy" "lunacy" with "demonic possession" Deviant behavior behavior was possession" and, ultimately, with "evil.,,20 "evil.", 20 Deviant naturally feared and hated; the instinctive instinctive response response was to punish it cruelly, lock it away, banish it, or kill its perpetrator. Thus, in behavior Colonial America America generally, the social response to deviant behavior protection of the larger society was was relatively simple: simple: the protection "illness" and "evil" "evil" was far paramount, while the distinction between between "illness" less critical. Indeed, the social response response to deviance largely stemmed deserved from the severe severe puritanical puritanical belief in innate human evil that deserved whipping, pillories, pillories, stockades, brandings, violent retaliation such as whipping, and, ultimately, the gallows. At times, when there was a more "humane" response to persons viewed as suffering from lunacy this "humane" keeping the individual caged under lock response consisted simply of keeping and key, often for the rest of his life. But in the early nineteenth century, century, a surge of great social optimism swept over America, and along with this grew a belief belief in the possibility optimistic faith in possibility of social reform, perhaps an overly optimistic the possibility of rehabilitation rehabilitation of persons whose whose behavior behavior was deviant. 2121 Not coincidentally, coincidentally, this spirit gave rise virtually simultaneously United simultaneously to two great social reform movements in the United States: the development of large mental hospitals and the construction of the first large penitentiaries. construction premiseBoth of these institutions were founded upon a similar premisepsychological and social deviance namely, that psychological deviance was largely a result of of the evils and stresses of "modem society," and both held a "modem society," fundamental belief that healing healing would naturally occur if the deviant individual was removed from the evils of the larger larger society, and thus 22 nature. 22 true nature. enabled to know his own own true In the case of the mental hospital this belief gave rise to the community. 23 But, in the concept of a healing, pastoral, therapeutic community.23 safeguard was obviously penitentiary, an additional safeguard obviously case of the penitentiary, 20. GEORGE IVES, A HISTORY CRIMINALS, WITCHES, 58HISTORY OF PENAL METHODS: CRIMINALS, WITCHES, LUNATICS LUNATICS 5859, 68-73 (reprint 1970) 59,68-73 1970) (1914). (1914). 21. ROTHMAN, ROTHMAN, supra note 3, at 57-58, 79. 21. 22. Id. /d. at 82. 23. 23. Id. Id. at 133. HeinOnline -- 22 Wash. U. J.L. & Pol'y 339 2006 Journal of Law & & Policy 340 [Vol. 22:325 required: the inmates clearly had to be protected, not only from the evil influences influences of the broader society, but also from the evil 24 influences of each each other.24 proper approach thus appeared appeared to be influences The proper to give each inmate the opportunity to live a life alone, like a penitent monk in his own monastic cell. Thus, the earliest American American penitentiaries penitentiaries were, generally, systems of rigid solitary confinement. confinement.2255 Extravagant Extravagant attention was paid to the design of these institutions, to ensure the absolute and offender from any evil and corrupting total isolation of the offender 26 completed in 1829, 1829, was influences.26 The Philadelphia Prison, completed particularly conscientious conscientious in this regard: particularly arrangements ... The arrangements ... guaranteed guaranteed that convicts would avoid all remained contamination and follow a path to reform. Inmates remained .... No in solitary cells for eating, sleeping, and working .... precaution precaution against contamination was excessive. Officials placed placed hoods over the head of a new prisoner when marching marching him to his cell so he would not see or be seen by other inmates inmates.. ... . . . Thrown upon his own innate sentiments, with no evil . . . the criminal would start his example example to lead him astray, ... rehabilitation. Then, after a period of total isolation, without companions, companions, books, or tools, ... ... [h]e would return to the community community cured of vice and idleness, to take his place as a 27 responsible responsible citizen.27 The American American penitentiary, penitentiary, and the Philadelphia System, became world-famous; no important visitor to the United States neglected neglected to world-famous; principles for emulation tour its penitentiaries penitentiaries and to bring back their principles Tocqueville of France and in Europe. Some such as Alexis de Tocqueville specifically for that purpose.2288 Nicholas Nicholas Julius from Prussia came came specifically "perfect" desolation of the American American Tocqueville wrote of the utter, "perfect" 24. 25. 26. 27. 28. Id. at 83. Id. Id. Id. Id. at 82-83. Id. Id. Id. at 85-86. Id. at 81. 81. Id. HeinOnline -- 22 Wash. U. J.L. & Pol'y 340 2006 2006] Psychiatric Effects of Solitary Confinement Confinement 341 penitentiary, penitentiary, of the "profound "profound silence" silence" within its "vast walls," walls," 29 likening it to the silence of death. likening death.29 2. Psychological Effects of Severe 2. Psychological Severe Isolation Isolation The openness with which which these institutions were held up to public scrutiny scrutiny led in time to open concern concern about the psychological psychological effects 1842, of such confinement. During a tour of the United United States in 1842, Charles Dickens wrote with pathos of the Philadelphia Prison: The system here is rigid, strict, and hopeless solitary confinement.... confinement. ... Over the head and face of every prisoner who comes into the melancholy melancholy house, a black hood is drawn, and in this dark shroud, ... . . . he is led to the cell from which he imprisonment never again comes forth, until his whole term of imprisonment .... dead to everything has expired. He is a man buried alive .... but torturing anxieties and horrible despair. ... answered ... ... always with a strange The first man I saw ... kind of pause .... .... He gazed about him and in the act of doing so fell into a strange stare as if he had forgotten something. ... a more dejected, brokenIn another cell was a German, ... creature, it would be difficult hearted, wretched creature, difficult to imagine.... imagine .... .... [w [w]hy There was a sailor .... ]hy does he stare at his hands and pick the flesh open, upon the fingers, and raise his eyes for an an ?30 walls... instant.., instant ... to those bare bare walls ... ?30 American concern about the effects effects of rigid solitary solitary confinement confinement began as early as the 1830s. 1830s. 3311 Statistical comparisons comparisons began began to be made between Philadelphia system and its chief competitor: the between the Philadelphia Auburn system prevailing prevailing in New York State at the Auburn and Sing32 The latter system also utilized solitary Sing penitentiaries. 32 29. Id. /d. at 97. 30. P. Herbert Liederman, Man Alone: Sensory Deprivation Behavioral Change, Change, 8 Herbert Liedennan, Deprivation and Behavioral CORRECTIONAL (1962). CORRECTIONAL PSYCHIATRY PSYCHIATRY & J. SOC. THERAPY 64, 66 (1962). 31. ROTHMAN, ROTHMAN, supra 31. supra note 3, 3, at 87-88. 32. Id. Id. at 88. HeinOnline -- 22 Wash. U. J.L. & Pol'y 341 2006 342 Journal of Law & Policy Policy [Vol. 22:325 confinement, confinement, but less rigidly; inmates inmates left their cells to work together common courtyard, courtyard, although although here, in workshops workshops and exercise exercise in a common 33 times. 33 all times. too, absolute and strict silence was was maintained maintained at at all Statistical Statistical comparisons comparisons began to generate evidence that "[i]t "[i]t was ... to leave men in solitary, day after day, year after year; unnatural ... insanity. 34 The Philadelphia indeed, it was so unnatural that it bred insanity.,,34 Philadelphia Prison system appeared to have a higher incidence incidence not only of of insanity but also of physical disease disease and death than its New York 35 State system counterpart.35 Meanwhile, the American system had been emulated in many Meanwhile, 36 major European European prisons, such as at Halle, Germany. Germany.36 Although the Americans had been the world leaders in instituting rigid solitary confinement in their penitentiary confinement penitentiary system, German German clinicians eventually assumed the task of documenting documenting its demise. Between eventually 1909, thirty-seven articles appeared in German scientific 1854 and 1909, journals journals on the subject subject of psychotic disturbances among prisoners, summarizing years summarizing years of work and hundreds of cases. A major review of of 37 this literature literature was published 1912. 37 published in 1912. A summary and synthesis of of this rather large body of work appears as an appendix 38 appendix to this article. 38 But it should be noted that interest in the problem was not purely academic; such academic; psychotic disturbances among prisoners were of such frequency in these prisons that they attracted administrative as well as attracted administrative clinical clinical concern, and great effort was made to explain this disturbing incidence. incidence. Thus, the literature literature covered a variety of issues: speculation, degeneracy" of the prison prison speculation, for example, example, on the "moral degeneracy" psychopathology of those who population; comparison comparison of the psychopathology "crimes of passion" with those who committed "crimes "crimes committed "crimes documentation of the incidence incidence of the major against property"; property"; or documentation major diagnostic categories of the time (for example, "circular "circular insanity," insanity," diagnostic "alcoholic psychoses," general paresis) among the "alcoholic psychoses," epilepsy, epilepsy, and and general prison population. 33. Jd. Id.at 95, 97. 33. Id. at 87. 34. Jd. 35. !d. Id. at 87-88. 35. 36. See PAUL NITSCHE & KARL WILMANNS, WILMANNS, THE HISTORY OF THE PRISON PRISON PSYCHOSES NITSCHE & PSYCHOSES (Francis M. Barnes, Jr. & & Bernard Bernard Glueck trans., 1912). 1912). 37. See id. id. SeeAppendixB. Appendix B. 38. See HeinOnline -- 22 Wash. U. J.L. & Pol'y 342 2006 2006] Psychiatric Effects of Solitary Confinement Psychiatric 343 observation However, multiple reports based on careful clinical observation suggested that a substantial majority of these prison psychoses were suggested itself. Gradually, Gradually, a direct reactions to the conditions of imprisonment itself. clinically distinguishable distinguishable syndrome of acute reactive prison clinically considered in psychoses began to be defined. Different variables were considered attempting attempting to explain the etiology etiology of these reactive prison psychoses, or including including long versus short durations of imprisonment, imprisonment, or imprisonment imprisonment of those already already convicted convicted versus imprisonment while while awaiting trial. However, the most consistent factor described, reported in over half the total literature, was solitary confinement. C. The Twentieth Century Experience: Prisonersof War, "Brain C. The Twentieth Century Experience: Prisoners of War, "Brain Washing, Washing,""and and Experimental Experimental Research Research 1. Prisoners of War and "Brain "Brain Washing" 1. Washing" Unfortunately, other than some anecdotal reports, there was little Unfortunately, discussion of the psychological effects of solitary confinement confinement in the psychological effects medical literature literature during the first half of the twentieth twentieth century. earlier consequence of the disastrous earlier Undoubtedly, this was in part a consequence experience with such confinement. As statistical experience statistical evidence evidence accumulated during the nineteenth accumulated nineteenth century century that solitary confinement confinement produced a very disturbing incidence incidence of insanity, physical physical disease, changed and death the system fell into disrepute disrepute and, with this, it had changed experiment in social refonn reform into a hidden, from an open, optimistic experiment secretive place secretive place of punishment and control. psychological impact, however, did not change, a Its devastating psychological 1950s fact which became suddenly suddenly and very painfully evident evident in the 1950s dramatic as the American American public began began hearing hearing the frightening and dramatic washing" of American reports of "brain washing" American prisoners of war in KoreaKoreareports that alterations alterations in the sensory environment environment were being being intentionally imposed upon these prisoners in a seemingly Orwellian Orwellian 3 attempt to profoundly profoundly disrupt their psychological psychological equilibrium. 39 1950s, reports had already appeared of major psychiatric By the confinement in disturbances among survivors of prolonged disturbances prolonged solitary confinement as It 39. Lawrence E. Hinkle, InterrogationSubject as Hinkle, Jr., The Physiological Physiological State of the Interrogation supra note 13, 13, at 35. Affects BrainFunction, MANIPULATION OF HUMAN HUMAN BEHAVIOR, BEHAVIOR, supra Affects Brain Function, in THE MANIPULATION HeinOnline -- 22 Wash. U. J.L. & Pol'y 343 2006 & Policy Policy Journal of Law & 344 [Vol. 22:325 40 war,40 but during the decade of the Korean War major attention was war, riveted on the occurrence occurrence of these disturbances disturbances not only in war but in 1956 the Group for the a variety of other settings as well. In 1956 "Factors Used Advancement Psychiatry (GAP) held a symposium, "Factors Advancement of Psychiatry of Individuals to Increase the Susceptibility Susceptibility Individuals to Forceful Indoctrination," to study methods used by the Chinese Chinese and Russian Indoctrination," Communists "indoctrinate" and "break the will" of political Communists to "indoctrinate" Chief prisoners and prisoners of war. 441' Dr. Milton Meltzer, former Chief contributed his Medical Medical Officer at Alcatraz Federal Penitentiary, Penitentiary, contributed observations disturbances among prisoners prisoners exposed to observations of psychiatric disturbances 42 42 prisoners were punitive solitary solitary confinement confinement at Alcatraz. These prisoners rarely confined confined for periods periods beyond one week.43 43 Despite this, Dr. Meltzer Meltzer described acute psychotic breakdowns breakdowns among prisoners prisoners so confined; his descriptions descriptions closely paralleled paralleled the observations observations at confined; Walpole: The motor motor effects effects ranged from occasional tense pacing, restlessness and sense of inner tension with noise making, of yelling, banging and assaultiveness at one extreme, to a kind of regressed, dissociated, withdrawn, hypnoid and reverie-like state at the other.... other. ... self, the ego and ego boundary ...... [T]he sense of self, phenomena 44 phenomena are profoundly profoundly affected by the isolation.44 of In the same symposium symposium Dr. John Lilly of the National National Institute of Mental Health noted that despite the importance importance of other factors "weaken personalities and make them more which tended to "weaken susceptible to [forced indoctrination]"-such indoctrination],,-such as semi-starvation, semi-starvation, physical pain and injury, and sleep deprivation-social physical deprivation-social and sensory 45 isolation was still the central pathogenic factor in such confinement.45 CONFINEMENT (1952). 40. See, See, e.g., e.g., CHRISTOPHER CHRISTOPHER BURNEY, SOLITARY CONFINEMENT (1952). ADVANCEMENT OF PSYCHIATRY, 41. 41. See GROUP GROUP FOR FOR THE ADVANCEMENT PSYCHIATRY, FACTORS USED TO TO INCREASE INCREASE (1956). THE INDIVIDUALS TO FORCEFUL INDOCTRINATION INDOCTRINATION (1956). THE SUSCEPTIBILITY SUSCEPTIBILITY OF INDIVIDUALS 42. 43. 43. 44. 45. 45. Id. at 96-103. 96-103. [d. Id. [d. at 98. Id. Id. Id. Id. at 89. HeinOnline -- 22 Wash. U. J.L. & Pol'y 344 2006 2006] Psychiatric Effects Effects of Solitary Confinement Confinement 345 Experimental Research 2. Experimental Research on Sensory Deprivation Deprivation An experimental model model was therefore therefore designed to study the effect effect of such sensory deprivation; deprivation; this research, conducted during the the 1950s and early 1960s, primarily at Harvard Harvard and McGill University Medical Centers, was in fact funded in large part by the United States government-and especially government-and especially by the Department of Defense and the Intelligence Agency. This research Central Intelligence research is described described in an an 46 Its relevant conclusions can, however, be appendix appendix to this article.46 described relatively relatively briefly: In these studies subjects subjects were placed placed in a situation designed for maximum reduction perceptually informative perceptually informative external external stimuli (light(lightproof, sound-proof rooms; cardboard proof, cardboard tubes surrounding surrounding the arms and hands to reduce on).47 reduce proprioceptive proprioceptive and tactile sensation; sensation; and so on).47 The research revealed that characteristic characteristic symptoms generally generally developed in .such such settings. These symptoms developed symptoms included perceptual perceptual distortions and illusions illusions in multiple spheres (visual, auditory, auditory, tactile, olfactory); vivid fantasies, often accompanied accompanied by strikingly strikingly vivid hallucinations in multiple experiences; and hallucinations multiple spheres; spheres; derealization derealization experiences; hyperresponsivity to external external stimuli. What was also clear, however, hyperresponsivity experiences well, many was that while some some subjects tolerated such experiences characteristic syndromes syndromes were observed, including the did not, and characteristic above symptoms and cognitive impairment; impairment; massive free-floating free-floating emergence of primitive anxiety; extreme extreme motor restlessness; restlessness; emergence aggressive fantasies which were often accompanied accompanied by fearful hallucinations; and a decreased capacity to maintain hallucinations; decreased capacity maintain an observing, observing, reality-testing ego function. In some cases an overt psychosis psychosis supervened with persecutory persecutory delusions and, in other cases, a marked supervened catatonic-like stupor dissociative, catatonic-like stupor (delirium) with mutism developed. of EEG recordings recordings confirmed confirmed the presence of abnormalities typical of stupor and delirium. These These findings clearly clearly demonstrated that this experimental experimental model did reproduce the findings in the non-experimental reproduce non-experimental situations, 46. See Appendix C. C. EXPERIMENTAL 47. See, See. e.g., e.g., CHARLES CHARLES A. BROWNFIELD, ISOLATION: ISOLATION: CLINICAL AND EXPERIMENTAL APPROACHES (1965); (1965); SENSORY SENSORY DEPRIVATION: SYMPOSIUM HELD AT HARVARD HARVARD MEDICAL ApPROACHES DEPRIVATION: A SYMPOSIUM 1961) [hereinafter SENSORY DEPRIVATION-HARVARD]. SCHOOL (Philip Solomon Solomon et al. eds., eds., 1961) [hereinafter SENSORY DEPRIVATION-HARVARD]. HeinOnline -- 22 Wash. U. J.L. & Pol'y 345 2006 346 & Policy Journal of Law & [Vol. 22:325 [Vol. prisoners of war held III in solitary including the findings among pnsoners confinement. D. Factors FactorsEffecting Response to Sensory Restriction and Solitary Solitary Restriction and Confinement Much of the subsequent research in this area attempted attempted to delineate variables which might explain these differing outcomes. i) differences differences These variables can be divided into two categories: categories: i) among various conditions of perceptual perceptual deprivation, and ii) differences in preexisting personality personality functioning among individuals differences experiencing such conditions. experiencing 1. Differing Conditions of Isolation 1. One of the factors that was commonly cited in the research was the intensity and duration of the sensory deprivation. More More severe longer sensory restriction, the presence of noxious stimulation, and longer duration experience have all been duration of the sensory deprivation deprivation experience associated adverse psychiatric psychiatric associated with an increased risk of adverse consequences. consequences. In my experience, experienced by inmates experience, conditions conditions experienced inmates in various prison solitary confinement confinement settings generally generally bear some similarities similarities (a eighty square square feet; approximately approximately twentytwenty(a cell of roughly fifty to eighty two and one-half one-half hours per day locked in the cell; about one hour per per day of yard exercise, five out of the seven seven days each each week), week), in other other respects respects the conditions conditions are fairly variable. For example, some cells cells have barred doors, which allow better ventilation, sound barred sound transmission, and visual connection connection with the outside environment environment than do mesh steel doors; solid restrictivesolid steel doors are are the most restrictiveespecially especially when they are either either hinged or or slide shut shut with almost almost no air air gap from the the wall. Moreover, Moreover, administrative administrative conditions conditions regarding regarding the amount and circumstances availability of of reading reading circumstances of visitation, the availability and material television, and so forth are all factors which vary from material television, and are from institution to institution, and even from time institution, and time to time within a given given institution. HeinOnline -- 22 Wash. U. J.L. & Pol'y 346 2006 2006] Psychiatric Effects of Solitary Confinement 347 Experience 2. The Perceived Perceived Intent of the Isolation Experience In addition to the factors described above, another another critical factor in determining the effect of isolation appears to be the perceived intent demonstrated that an of the isolation. Experimental Experimental research has demonstrated an experience the individual who receives clues which cause cause him to experience isolation situation as potentially threatening threatening is far more likely to develop psychiatric reactions to the isolation experience. develop adverse psychiatric experience.4848 Conversely, if the subject has reason to believe the situation is likely 49 it. even enjoy to be benign he will be far more more likely likely to to tolerate tolerate or or even enjoy it. 49 Among the latter group of subjects who tolerated isolation well, many reported pleasant pleasant or at least non-threatening non-threatening visual imagery, 50 "His mind may begin to hallucinatory experiences. 50 fantasy, and hallucinatory wander, engage in daydreams, slip off into hypnogogic reveries with their attendant vivid pictorial images ...he may be quietly having images ... 5 sexual or other pleasurable thoughts.,,51 pleasurable thoughts." This finding is perhaps perhaps not surprising. It appears appears that sensory restriction produces perceptual disturbances and illusions which are produces disturbances analogous clearly, analogous to those produced produced by hallucinogenic hallucinogenic drugs, and clearly, while there are some individuals who could be said to have volunteered volunteered to undergo undergo such hallucinatory, psychotic-like experiences experiences it must be almost uniformly terrifying to be forced to experience similar to that induced by hallucinogenic undergo an experience hallucinogenic drugs. 3. Individual Individual Differences Differences in Response 3. Response Many Many studies have demonstrated demonstrated that there is great variability among given among individuals in regard to their capacity to tolerate a given condition of sensory restriction. This variability helps to provide further insight into the nature of the toxic effect effect of such isolation conditions, and provides striking corroboration of the fact that such & David S. Perceptual Deprivation 48. See Nancy Nancy A. Wright & S. Abbey, Perceptual Deprivation Tolerance Tolerance and Adequacy of Defenses, 20 PERCEPTUAL PERCEPTUAL & & MOTOR SKILLS 35 35 (1965). MOTOR SKILLS (1965). 49. Leo Goldberger, ExperimentalIsolation: An Goldberger, Experimentallso/ation: An Overview, 122 AM. J.J. PSYCHIATRY PSYCHIATRY 774, 777 (1966). 777 (1966). 50. Id. Id. SO. Id. 551. I. ld. HeinOnline -- 22 Wash. U. J.L. & Pol'y 347 2006 348 & Policy Journal of Law & [Vol. 22:325 deprivation of environmental environmental stimulation, especially when of of deprivation prolonged duration, is toxic to brain functioning and causes characteristic of stupor and delirium. symptoms characteristic Generally, individuals with mature, healthy personality functioning and of at least average intelligence are most able to tolerate the regressive pull and perceptual intrusions of such isolation isolation situations. On the other hand, individuals with primitive or psychopathic psychopathic functioning or borderline borderline cognitive capacities, capacities, impulseridden individuals, and individuals whose internal emotional life is at risk for severe psychopathologic psychopathologic chaotic or fearful are especially especially 52 reactions reactions to such such isolation. isolation. 52 Moreover, there is clear evidence that, in a situation situation of restricted environmental environmental stimulation, preexisting preexisting central nervous nervous system dysfunction of dysfunction is a major predisposing factor to the development development of adverse adverse psychiatric reactions and of overt delirium. For example, example, in one study of patients suffering visual deprivation deprivation following eye surgery (eye-patched patients), those patients surgery (eye-patched patients with preexisting central nervous system dysfunction were found to be at especially especially high risk to develop symptoms of delirium.5533 Further, the presence of a preexisting personality personality disorder psychosocial preexisting disorder or impairment of psychosocial functioning functioning was associated associated with increased risk of incapacitating fearfulness, paranoia, fearfulness, paranoia, agitation, and irrational irrational aggression aggression toward toward 54 staff. 54 In addition, individuals individuals may at times be exposed to situations which cause impairment central nervous system functioning. Such Such which cause impairment of central situations-especially if they impair the individual's situations--especially individual's state of alertness alertness deprivation, abnormal (for example, example, sleep sleep deprivation, abnormal sleep-wake sleep-wake cycles, or the use of sedating medication) medication) will substantially increase increase the individual's development of delirium. Delirium Delirium individual's vulnerability vulnerability to the the development among post-surgical patients and the so-called "ICU psychoses" among post-surgical patients so-called "leu psychoses" are 55 One of the characteristic examples of this phenomenon. examples phenomenon. 55 One characteristic difficulties difficulties 52. 52. See See Appendix Appendix CC (describing (describing these studies studies in more detail). detail). 53. and Mental Illness, 168 53. Eugene Eugene Ziskind, Ziskind, Isolation Isolation Stress Stress in Medical Medical and 168 J. 1. AM. AM. MED. ASS'N ASS'N 1427, 1427, 1428 (1958). (1958). 54. & Rafael Rafael Moses, Moses, Psychological Psychological Reaction to Sensory Deprivation Deprivation in 54. Hillel Hillel Klein Klein & Patients PSYCHOTHERAPY & Patients with Ablatio Ablatio Retinae, Retinae, 24 PSYCHOTHERAPY & PSYCHOSOMATICS PSYCHOSOMATICS 41, 41, 49-51 49-51 (1974). (1974). A A more of this literature literature is contained contained in in Appendix Appendix A to this this declaration. declaration. more extensive extensive review review of 55. 55. Appendix Appendix A discusses discusses this this issue issue in more more detail. detail. HeinOnline -- 22 Wash. U. J.L. & Pol'y 348 2006 2006] 2006] of Solitary Solitary Confinement Confinement Psychiatric Effects Effects of Psychiatric 349 experienced inmates in solitary solitary confinement confinement is abnormal abnormal sleepsleepexperienced by inmates wake cycles and and impaired impaired sleep. wake a. Findings Findings at Pelican Pelican Bay State Prison Prison These findings findings received received further corroboration corroboration in my observations observations These 1991-1992, as of inmates at Pelican Pelican Bay Bay State State Prison, California. In 1991-1992, of part of my my participation participation in in Madrid Madrid v. Gomez-a class-action class-action lawsuit lawsuit part a new challenging conditions at Pelican Pelican Bay State Prison, Prison, new challenging "supermax" facility in California 56-I evaluated forty-nine inmates "supermax" facility in California 56_1 evaluated housed in the SHU at the institution institution and prepared a lengthy lengthy report to housed the federal court court of my findings.57 57 Many of the inmates II evaluated evaluated there suffered severe severe psychiatric disturbances while housed in Pelican Pelican psychiatric disturbances there Bay SHU, either springing up de novo while so incarcerated or incarcerated or exacerbation of preexisting recurrence or severe representing representing a recurrence severe exacerbation preexisting illness. Of Of the forty-nine inmates II evaluated, at least least seventeen seventeen were of actively psychotic psychotic and/or acutely acutely suicidal and urgently urgently in need of acute hospital treatment, treatment, and twenty-three twenty-three others suffered suffered serious psychopathological reactions reactions to solitary solitary confinement, confinement, including (in psychopathological several cases) periods periods of psychotic psychotic disorganization. The clinical clinical data at Pelican Pelican Bay also added striking corroboration corroboration of to the conclusion conclusion that the severe and prolonged prolonged restriction restriction of brain is toxic to confinement in solitary stimulation environmental environmental confinement florid demonstrated that the most severe, functioning. The data demonstrated severe, florid confinement tend to be psychiatric illnesses resulting from solitary solitary confinement psychiatric suffered by those individuals with preexisting suffered preexisting brain dysfunction. As noted before, I have observed observed a high incidence incidence of preexisting central nervous system dysfunction dysfunction among the inmates I evaluated in solitary solitary confinement settings. This was also the case at Pelican confinement Pelican Bay, and dramatically statistical analysis of the Pelican Bay data quite dramatically were vulnerability preexisting with such that inmates demonstrated demonstrated the most likely to develop develop overt confusional, agitated, hallucinatory hallucinatory psychoses as a result of SHU confinement. remanded, ISO 150 F.3d rev'd and andremanded, 1146 (N.D. Cal. 1995), rev'd 56. Madrid v. Gomez, 889 F. Supp. 1146 1998). 1030 (9th Cir. \998). 57. Much of the literature review and historical material in the present declaration is taken Madriddeclaration. from my Madrid HeinOnline -- 22 Wash. U. J.L. & Pol'y 349 2006 350 350 & Policy Journal of Law & [Vol. 22:325 [Vol. b. Attention Deficit and Antisocial Personality Disorders research regarding Attention Deficit Hyperactivity In addition, research Disorder and Antisocial Personality Personality Disorder demonstrated that these conditions are similarly associated with a particular particular inability to environmental stimulation. There is increasing tolerate restricted environmental evidence that childhood impulsivity and Attention Deficit Deficit Hyperactivity Hyperactivity Disorder bear some relationship to Antisocial Personality characterized by impulsivity Personality Disorder, in that both are characterized and stimulation-seeking stimulation-seeking behavior, and both involve biologically based abnormalities in central nervous system functioning. Moreover, the clinical literature demonstrates demonstrates that individuals individuals with Antisocial Personality Disorder are especially intolerant of restricted restricted Personality environmental environmental stimulation. For example, the psychopathic psychopathic individual has been been characterized characterized as pathologically pathologically "stimulation "stimulation 58seeking," seeking," and boredom., routine and tolerate routine "impulsive," and "unable to to tolerate boredom.,,58 "impulsive," conducting clinical observations of of Given the exigencies exigencies of conducting clinical observations inmates in solitary confinement confinement it is not surprising that little systematic systematic attempt attempt has been made to elucidate the underlying underlying psychological characteristics of those most at risk for developing developing psychological characteristics severe severe psychopathological psychopathological reactions reactions to such isolation. However, Syndrome, a related among the clinical reports on Ganser's Syndrome, related condition, in non-prison non-prison populations populations are several studies studies of patients in psychiatric available for psychiatric hospitals. 59 59 These These patients were, were, of course, available extensive psychological psychological assessment assessment and observation, and these reports suffering longreports described described the majority of these patients as suffering standing hysterical character hysterical character disorders, having problems with severe impulsivity, impulsivity, childhood truancy, and and antisocial antisocial behavior patterns.660° demonstrates that individuals Thus, the the medical literature literature demonstrates individuals whose whose internal internal emotional emotional life is chaotic and impulse-ridden impulse-ridden and individuals individuals with central dysfunction may be especially central nervous system dysfunction especially prone prone to 58. C. Quay, 58. Herbert Herbert C. Quay, Psychopathic Psychopathic Personality Personality as Pathological Pathological Stimulation-Seeking, Stimulation-Seeking, 122 122 AM. AM. J. J. PSYCHIATRY PSYCHIATRY 180, 180, 180 180 (1965). (1965). Appendix Appendix B contains contains a more more detailed detailed discussion. discussion. 59. See, Contribution to the See, e.g., Merle R. Ingraham Ingraham & & David M. Moriarty, A A Contribution Understanding Understanding of of the Ganser Ganser Syndrome, 8 COMPREHENSIVE COMPREHENSIVE PSYCHIATRY PSYCHIATRY 35 35 (1967); (1967); Rupert Rupert H. May et al., The Ganser Ganser Syndrome: A Report of Cases, 130 et aI., of Three Cases, 130 J. NERVOUS NERVOUS & & MENTAL MENTAL DISEASES DISEASES 331 (1960). (1960). 60. May May et et al., aI., supra supra note 59, at 331-36. 331-36. HeinOnline -- 22 Wash. U. J.L. & Pol'y 350 2006 2006] Psychiatric Confinement Psychiatric Effects Effects of Solitary Confinement 351 psychopathologic reactions to restricted restricted environmental environmental stimulation in psychopathologic a variety of settings. Yet, among the prison prison population, population, it is quite likely that these are the very individuals who are especially prone to committing infractions infractions that result in stricter incarceration, incarceration, including committing severe isolation and solitary confinement. 61 Coughlin6J v. Coughlin c. Langley v. In the late 1980s I interviewed and reviewed reviewed the medical records of several dozen dozen inmates inmates confined confined in maximum security security prisons in incarcerated at New York State, including a large group of women incarcerated the maximum security women's women's prison for the state of New York at Bedford Bedford Hills. During the process of these evaluations it became became of clear that a very high percentage of these women had a history of serious emotional or organic mental difficulties. Many had severe cognitive cognitive limitations, limitations, were were highly emotionally emotionally labile, impulse ridden, and prone to psychotic disorganization. In many cases the infraction which led to their original original incarceration was an act which had been of committed committed impulsively and chaotically. Under the stress of imprisonment these inmates became even more unable to conform their behavior behavior to the requirements of their situation. Inevitably, this resulted in their being sentenced sentenced to terms in the SHU, and once in the SHU their subsequent subsequent course was often often a nightmare. nightmare. Many became grossly disorganized and psychotic, psychotic, smearing themselves with feces, mumbling and screaming screaming of incoherently all day and night, some even descending to the horror of eating parts of their own bodies. The resulting lawsuit was ultimately ultimately settled by consent decree. The settlement provided injunctive relief as well as monetary condition damages emotional condition damages both for the mentally ill inmates whose emotional had deteriorated deteriorated during their incarceration incarceration in the SHU, and also for of subjected to the bedlam of the non-mentally non-mentally ill women who had been subjected relief mental illness created in their SHU environment. environment. The injunctive injunctive relief required the prison prison to begin to reframe the meaning it gave to Coughlin, 715 F. Supp. 522 (S.D.N.Y. 61. There are two companion 61. companion cases: Langley v.v. Coughlin, (S.D.N.Y. affid, 888 F.2d 252 (2d Cir. 1989); and Langley v. Coughlin, Coughlin, 709 F. Supp. 482 (S.D.N.Y. 1989), 1989), ajJ'd, 1989). HeinOnline -- 22 Wash. U. J.L. & Pol'y 351 2006 352 Journal Journal of of Law Law & Policy Policy (Vol. [Vol. 22:325 22:325 behavioral disturbances disturbances which they had had previously previously responded responded to by behavioral 62 Under further further SHU SHU time. 62 Under the settlement settlement the prison prison began to actively actively consider whether whether such such disturbances disturbances were the result of organic consider of personality disturbances, disturbances, affective affective or impulse disorders, disorders, or or even even of personality schizophreniform illness. The result result of these changes was apparently apparently schizophreniform quite dramatic. prisoners who had been in SHU began began to be be treated treated Many of the prisoners residential psychiatric psychiatric unit within the prison. This This unit had in a residential previously refused to treat such inmates, inmates, claiming that that their security previously When pressed handled. could be greater than needs were could When pressed to provide discover settlement not only did the unit discover services as a result of the settlement services provide those services, but moreover discovered discovered that it was able to provide dramatically custodial and security security needs needs of these inmates dramatically that the custodial decreased when their behavioral behavioral disturbances disturbances were framed as decreased psychiatric problems rather than as a security security issue. Thus, as a result result psychiatric benefitedto the suit all parties parties benefitedof the settlement of the lawsuit, prisoners prisoners and the officers officers of the correctional correctional facility alike. I followed followed the result of the litigation litigation in my capacity capacity as an expert member of the settlement. Psychologically More Resilient Inmates: d. Effects on Psychologically 63 and Hameed v. Coughlin64 Baraldiniv. Meese 63 and Baraldini Hameed v. Coughlin 64 Meese, a Baraldiniv. Meese, involvement in Baraldini In 1988 in the course course of my involvement confinement of a small group of women women class-action challenging challenging the confinement class-action in a subterranean subterranean security security housing unit at the Federal Penitentiary in Lexington, Kentucky, I had the opportunity to interview interview several Lexington, These women had this facility. in in confinement women who were confinement politically motivated crimes, been convicted of having committed politically were all highly educated, and had a history of relatively strong psychological functioning prior to their confinement. None of these earlier women developed the florid confusional psychosis described earlier in this affidavit, yet each of them demonstrated demonstrated significant 62. Langley, 709 F. Supp. 482. Thomburgh, 884 F.2d rev'd sub sub nom., Baraldini v. Thornburgh, 63. 691 F. Supp. 432 (D.D.C. 1988), rev'd 615 (D.C. Cir. 1989). 1995). 57 F.3d 217 (2d Cir. 1995). 64. 57F.3d HeinOnline -- 22 Wash. U. J.L. & Pol'y 352 2006 2006] Confinement Psychiatric Effects of Solitary Confinement 353 psychopathological reactions to their prolonged confinement in a psychopathological setting of severe environmental environmental and social isolation. These included included perceptual perceptual disturbances, free-floating anxiety, and panic attacks. These inmates also uniformly described severe difficulties in thinking, concentration, and memory; for example, one inmate reported that she was able to perform perform tasks requiring some mental effort-such effort-such as reading or writing-only for about the first three hours of the morning after she awoke; by then, her mind had become so slowed down, so much "in a fog," that she was entirely unable to maintain any meaningful meaningful attention or expend any meaningful meaningful mental effort. evidenced I have since evaluated a number number of individuals who evidenced strong psychological psychological adjustment prior to imprisonment. For example, in 1993 I evaluated evaluated Bashir Hameed, an inmate who had been incarcerated Shawangunk Correctional Facility and incarcerated in the SHU at Shawangunk who had brought suit concerning his incarceration incarceration there. As I described in my testimony testimony in that case, Mr. Hameed is an individual evidences strong prior psychological adjustment and no prior prior who evidences SHU psychiatric history, yet became became significantly ill as a result of his SHU confinement. confinement. E. and Small Group Group Confinement E. Long Term Effects of Solitary Solitary and Long-term Long-term studies of veterans veterans of prisoner prisoner of war camps, and of of kidnapping kidnapping and hostage situations situations have demonstrated that while while many of the acute acute symptoms symptoms I outlined outlined above above tend to subside after after release release from confinement, there are are also long-term effects effects which may 65 persist These These not only include persistent persistent symptoms of of persist for decades. decades.65 post traumatic stress (such as flashbacks, chronic traumatic (such flashbacks, chronic hypervigilance, hypervigilance, and and a pervasive hopelessness), but also lasting personality personality pervasive sense sense of hopelessness), changes--especially intolerance of of changes---especially including including a continuing continuing pattern pattern of intolerance social social interaction, interaction, leaving leaving the individual individual socially socially impoverished impoverished and and withdrawn, 66 subtly angry angry and fearful when forced forced into into social interaction. 66 interaction. 65. See See LAWRENCE LAWRENCE E. HINKLE, HINKLE, JR. & & HAROLD HAROLD G. G. WOLFF, COMMUNIST COMMUNIST INTERROGATION INTERROGATION AND STATES" (1956). AND INDOCTRINATION INDOCTRINATION OF OF "ENEMIES "ENEMIES OF OF THE STATES" (1956). 66. 66. This This literature literature is reviewed reviewed in Appendix Appendix D to to this this declaration. declaration. HeinOnline -- 22 Wash. U. J.L. & Pol'y 353 2006 354 354 Journal of Law & & Policy Policy [Vol. 22:325 In addition, from time to time I have had the opportunity opportunity to incarcerated in solitary evaluate individuals individuals who had been incarcerated confinement several years previously. I have found the same pattern confinement of personality personality change change described above: these individuals had become impoverished and experienced strikingly socially impoverished experienced intense irritation irritation with social interaction, patterns dramatically different patterns dramatically different from their functioning prior to solitary confinement. III. CONCLUSIONS The restriction restriction of environmental environmental stimulation and social isolation associated associated with confinement confinement in solitary are strikingly strikingly toxic to mental functioning, producing a stuporous stuporous condition associated with perceptual and cognitive impairment perceptual impairment and affective affective disturbances. In more severe severe cases, inmates so confined have developed developed florid florid delirium-a confusional psychosis with intense agitation, fearfulness, delirium-a confusional and disorganization. But even those inmate inmate who are more psychologically resilient inevitably suffer severe psychological psychological pain psychologically as a result of such confinement, especially especially when the confinement is especially when the individual experiences experiences this prolonged, and especially confinement as being the product of an arbitrary arbitrary exercise of power confinement and intimidation. Moreover, the harm caused caused by such confinement confinement may result in prolonged or permanent psychiatric disability, including prolonged permanent impairments which may seriously impairments seriously reduce the inmate's capacity to reintegrate community upon release from prison. reintegrate into the broader community Many of the prisoners who are housed in long-term solitary confinement are undoubtedly a danger to the community and a confinement danger danger to the corrections officers charged with their custody. But for many they are a danger not because they are coldly ruthless, but because because they are volatile, impulse-ridden, and internally disorganized. As noted earlier in this statement, modem societies made a fundamental fundamental moral division between socially deviant behavior behavior that behavior that was seen was seen as a product of evil intent, and such behavior as a product of illness. Yet this bifurcation bifurcation has never been as simple as might at first glance appear. Socially Socially deviant behavior can in fact be described described along a spectrum spectrum of intent. At one end are those whose behavior "instrumental"-ruthless, carefully planned, and behavior is entirely entirely "instrumental"-ruthless, HeinOnline -- 22 Wash. U. J.L. & Pol'y 354 2006 2006] 2006] Psychiatric Effects Effects of Solitary Solitary Confinement Confinement Psychiatric 355 355 other are individuals individuals whose whose socially socially deviant deviant behavior behavior rational; at the other the product product of unchecked unchecked emotional impulse, internal chaos, chaos, and and is the of psychiatric psychiatric or neurological neurological illness. often of It It is aa great great irony that as one passes through through the levels of of maximum to the to the moderate minimum incarceration-from incarceration-from the minimum moderate maximum security institutions, institutions, and then to the solitary solitary confinement confinement section section of of security institutions--one does not pass pass deeper deeper and and deeper into a these institutions-one subpopulation of the the most ruthlessly ruthlessly calculating calculating criminals. Instead, subpopulation ironically ironically and tragically, tragically, one comes comes full circle circle back to those who are emotionally emotionally fragile and, often, severely mentally ill. The laws and practices practices that have established established and perpetuated perpetuated this tragedy tragedy deeply deeply offend any sense of common human decency. HeinOnline -- 22 Wash. U. J.L. & Pol'y 355 2006 356 Journal & Policy Journal of Law & Policy [Vol. 22:325 APPENDIX A: APPENDIX REPORTS OF PSYCHIATRIC PSYCHIATRIC DISTURBANCES REpORTS DISTURBANCES IN OTHER OTHER CONDITIONS OF RESTRICTED ENVIRONMENTAL STIMULATION ENVIRONMENTAL STIMULATION The psychopathologic psychopathologic syndrome which I have described in the body of this article article is found in other settings besides isolation in civil prisons. Some of these settings involve small group, rather than solitary isolation, and the studies have demonstrated demonstrated that isolated groups comprising two individuals may be the most pathogenic pathogenic of all. These studies also suggest that those individuals with below average intelligence and poor psychosocial adjustment prior to isolation isolation In developed more severe psychiatric psychiatric difficulties during isolation. In disturbances persisted at a one year follow-up some studies, such disturbances follow-up after reentry. I.1. AVIATION One particular particular study, by Bennett, has described psychiatric disturbances disturbances among pilots of the British Royal Air Force who had been exposed in-flight to periods of restricted auditory and visual described became became significantly significantly stimulation. 6677 All of the groups he described anxious; anxious; many suffered full-blown panic attacks, and many experienced experienced unusual sensations which they were very reluctant to describe. The most severely disturbed groups refused refused to expose expose themselves themselves further to the isolation conditions of these flights. At all levels of impairment, however, anxiety was common (both panic and free-floating free-floating anxiety). Pilots reported anxiety anxiety symptoms symptoms such as afraid., 68 "nervous and powerless" and feeling "hot and tense and powerless" and "nervous and afraid.,,68 Feelings of derealization, derealization, feelings of detachment detachment from reality, and perceptual distortions were described. Some of these perceptual distortions were dangerous-such dangerous-such as having the impression that the aircraft was turning when it was not-and resulted in serious serious errors in in Aviation, 67. A.M. Hastin Bennett, Sensory Deprivation Deprivation in Aviation, in SENSORY SENSORY DEPRIVATIONDEPRIVATIONHARVARD, supra 161-73. HARVARD, supra note 47, at 161-73. 68. Id. ld. at 164. 164. HeinOnline -- 22 Wash. U. J.L. & Pol'y 356 2006 2006] Psychiatric Psychiatric Effects of Solitary Confinement Confinement 357 judgment like making the aircraft spiral dangerously after dangerously downward after attempting "correct" for what was incorrectly attempting to "correct" incorrectly perceived as a turning aircraft. Another study described strikingly similar similar symptoms among among 69 isolation. 69 in-flight isolation. to periods of in-flight United States Navy pilots exposed to periods of Among pilots who flew alone at high altitude (meaning in a situation situation of monotonous visual and sensory stimulation) and flying with a minimum of pilot activity, over one third experienced frightening experienced 70 7o anxious. severely became and unreality of feelings and became severely anxious. II. SMALL GROUP CONFINEMENT CONFINEMENT studies-both anecdotal and experimental-have experimental-have been been Many studies-both made of individuals confined together in small groups. Groups thus together approximately sixty described have ranged in size from two to approximately individuals, isolated on a individuals, the larger larger groups include include reports of men isolated Pacific island, in submarines, and on Antarctic expeditions. 7711 The of dramatically increased levels of most consistent finding was of dramatically exposed hostility, interpersonal conflict, and paranoia.7722 Individuals Individuals exposed irrationally territorial, staking to such conditions also tend to become become irrationally out "areas of exclusive or special use, [and] acting with hostility to special "areas 73 others.,,73 trespasses by others. Confined groups comprising comprising just two individuals may be the most especially high rates of mutual pathogenic of all, associated with especially paranoia paranoia and violent hostility. Admiral Admiral Byrd believed believed it to be extremely unsafe to staff an Antarctic Antarctic base unit with just two men: & Ashton Graybiel, The Break-off Phenomenon, Phenomenon, 28 J. AVIATION 69. Brant Brant Clark & AVIATION MED. (1957). 121 (1957). 122. 70. Id. Id. at 122. 71. See Seward Studies of Small Groups Groups in Confinement, Confinement, in in SENSORY 71. Seward Smith, Studies SENSORY 374-76 (John Peter Zubek ed., 1969) [hereinafter [hereinafter DEPRIVATION: FIFTEEN FIFTEEN YEARS OF RESEARCH RESEARCH 374--76 ed., 1969) SENSORY DEPRIVATION: FIFTEEN YEARS]. For articles articles reporting reporting effects in arctic environments, environments, see J. Cochrane & S.J.J. Conditions: see Jeanette 1. S.J.1. Freeman, Working in Arctic and and Sub-Arctic Conditions: Mental Health Health Issues, 34 CAN. J. PSYCHIATRY 884 (1989); (1989); Eric Gunderson & & Paul D. Nelson, Adaptation Groups to Extreme Environments, 1111; Adaptation of Small Groups Environments, AEROSPACE MED., Dec. Dec. 1963, at 1111; Charles & H.1.M. H.J.M. Connery, PsychologicalStudy at an an Antarctic Antarctic IGY Station, Charles S. Mullin Mullin & Connery, Psychological Station, 10 U.S. ARMED (1959). ARMED FORCES MED. J. 290 (1959). 71, at 377. 72. Smith, supra supra note 71, 73. Id. at 380. 73. Id. HeinOnline -- 22 Wash. U. J.L. & Pol'y 357 2006 358 Journal of Law & Policy [Vol. 22:325 [T]he [I]t doesn't take two men long to find each other out.... out. ... [T]he unformed ... when even his [campmate's] [campmate's] unformed time comes ... thoughts can be anticipated, his pet ideas become a meaningless meaningless drool, and the way he blows out a pressure pressure lamp or drops his boots on the floor or eats his food becomes a Men who have lived in the Canadian Canadian annoyance .... Men rasping annoyance.... bush know well what happens to trappers paired off this way ... ... During my first winter at Little America America I walked for hours with a man who was on the verge of murder or suicide over imaginary imaginary persecutions by another man who had been his 74 devoted friend.74 POLAR HABITATION III. POLAR HABITATION described in Arctic and Psychiatric disturbances have been described Psychiatric Antarctic Antarctic inhabitants inhabitants (explorers, (explorers, researchers, and their support staff), spending varying periods in winter isolation. In these regions, winters last for up to nine months with weather conditions so cold (-100F) (-1 OOOP) 75 Typically, leaving the confines confines of the indoors is dangerous. 75 that leaving teams of work groups have fewer than fifty members members who spend up 76 Small group isolation to two years working in small quarters. 76 compared to life in prisons by conditions conditions at these stations have been compared "[T]he isolation imposed by the harsh at least one researcher: "[T]he experienced outside penal environment environment' 77[of the Antarctic] is rarely experienced conditions. conditions." 77 A review review of the literature on the psychological psychological adjustment adjustment to Antarctic Antarctic living described a staff wintering over at a British Antarctic Antarctic to be socially best tended station; those of the staff who adjusted adjusted socially 78 78 mature, intelligent, reserved, and trusting individuals. Similarly, 74. Id.at381. !d. at 381. & Nelson, supra note 71, at 1111. 1111. 75. Gunderson & note 71, 76. Id. !d. Isolated PersonalityCorrelates CorrelatesofAdjustment in Isolated 77. Robert J. Biersner & & Robert Hogan, Hogan, Personality (1989). PERSONALITY 491, 491,491 RESEARCH IN Work Groups, Groups, 18 18 J. RESEARCH IN PERSONALITY 491 (1989). Factors in in the Antarctic, 78. See Esther D. Rothblum, Rothblum, Psychological Psychological Factors Antarctic, 124 J. PSYCH. PSYCH. 253 (1990). (1990). HeinOnline -- 22 Wash. U. J.L. & Pol'y 358 2006 2006] Psychiatric Effects Effects of Solitary Solitary Confinement Confinement Psychiatric 359 359 United States, and Australian Australian studies revealed that that French, United intelligence intelligence and and previous previous social social adjustment adjustment predicted predicted a decreased decreased risk risk psychiatric disturbance disturbance among workers workers at Antarctic Antarctic stations. stations.7799 On On for psychiatric the other other hand, lack of respect respect for authority authority and and aggression aggression were 80 poor isolation adjustment. adjustment.80 important markers for poor Similarly, another another study study correlated correlated outcome measures measures with Similarly, 81 to work work station station assignment. assignment. 81 psychological testing obtained obtained prior prior to psychological specifically that persons These researchers researchers found specifically persons with antisocial antisocial and and in functioning risks for efficient psychotic psychotic tendencies tendencies were poor risks efficient in 82 isolation. of isolation. 82 conditions conditions As a result result of these disturbing disturbing findings among Antarctic Antarctic workers, psychological screening systematic systematic efforts have have been been made to provide psychological screening of potential potential station employees employees and to ameliorate the isolation isolation 83 Despite these these efforts, conditions prevailing prevailing in such stations. 83 84 significant psychiatric psychiatric disturbances disturbances have continued to be observed. 84 significant rather in small groups The fact that these individuals were confined confined than alone was not found to prevent these disturbances; disturbances; indeed, indeed, one one central pathogenic pathogenic factors cited in this literature literature has been the of the central interpersonal interpersonal tension and hostility hostility generated generated by small small group confinement. 85 85 syndrome" including "winter-over syndrome" Studies have described described a "winter-over progressively worsening progressively worsening depression, hostility, sleep disturbance, impaired cognitive functioning, and paranoia during small group 86 Strikingly similar findings confinement in the Antarctic.86 winter confinement were reported reported by the United States Navy Medical Medical Neuropsychiatric Neuropsychiatric Research Unit, which found high incidences of sleep disturbance, Research depression, anxiety, anxiety, aggression, somatic complaints, and a 71, at 393-95. also Smith, supra supra note 71, 79. Id. Id. at 256; see also 79. 71, at 292. supranote 71, & Connery, supra 80. Mullin & Civilians for Factors in the Selection Selection of Civilians et a!., al., Personality Personality Factors W. Wright et 81. See Morgan W. (1967). IsolatedNorthern NorthernStations, Isolated Stations, 8 CAN. PSYCHOLOGIST 23 (1967). Id. at 29. 82. Id. 71, at 889. supra note 71, Cochrane & 83. Cochrane & Freeman, supra South Pole Pole & 1. J. Shurley, Sociopsychological Sociopsychological Aspects of a Winter Vigil at South 84. K. Natani & Gunderson ADAPTABILITY TO ANTARCTIC CONDITIONS HUMAN ADAPTABILITY Station, in HUMAN Station, CONDITIONS 89-114 (Eugene Gunderson Geophysical Union 1974). ed., Am. Geophysical & Hogan, supra 85. See Biersner Biersner & supra note 77, at 491-96. Winterand Social Adjustment of Recent WinterEmotionaland 86. See, e.g., R. Strange & & W. Klein, Emotional (1974). Stations, 7 ANTARCTIC IsolatedAntarctic Antarctic Stations, ANTARCTIC BIBLIOGRAPHY BIBLIOGRAPHY 229 (1974). Over in Isolated HeinOnline -- 22 Wash. U. J.L. & Pol'y 359 2006 360 360 Journal of Law & & Policy [Vol. 22:325 progressive impoverishment of social relationships as the winter progressive impoverishment progressed.8877 Psychiatric problems worsened as the length of time in increased; in one study of a group of Japanese this confinement increased; winter-stationed in the Antarctic, periodic winter-stationed periodic psychological psychological testing revealed increasing levels of anxiety and depression revealed depression as the winter 88 Similar findings have been described described among a group of of progressed.88 Americans 89 Americans stationed in the Antarctic. 89 A review of the literature on the psychological psychological adjustment to Arctic life described a syndrome which parallels the Antarctic literature: disturbances, apathy, irritability, literature: sleep disturbances, irritability, cognitive dysfunction, hallucinations, depression, and anxiety were widely endured by reported as a result of the small group isolation endured 9o inhabitants. 90 "depression, irritability, [and] easily They also reported "depression, provoked anger anger which may escalate into dramatic dramatic and florid acting out and, not surprisingly, a breakdown breakdown in relationships with other .... [I]nsomnia, [I]nsomnia, pallor, loss of appetite, loss of of members of the group .... paranoidal ideation, interest, psychomotor psychomotor retardation, paranoidal ideation, [and] nonspecific hallucinations hallucinations of light flashes and sudden movements 91 Even when [were experienced].",,91 [were also experienced]. Arctic workers were adequately preselected adequately preselected by psychological psychological screening, screening, trained, and supported sleep difficulties, apathy, and irritability persisted. Studies on reintegration into the home environment environment after Antarctic Antarctic living found persisting problems problems and symptoms including including sleep cognitive slowing, emotional emotional withdrawal, of disturbances, cognitive withdrawal, resentment of indecisiveness, communication even one authority, indecisiveness, and poor communication year 92 after reintegration. 92 Robert J. Biersner and Robert Hogan summarized summarized the findings related to personality variables in the Arctic related Arctic and Antarctic workers: "Individuals with high needs for novelty and new sensations, ... ... who "Individuals are emotionally emotionally unstable, or who are unconcerned unconcerned with social 87. See E.K. Eric Gunderson, Emotional Groups, 9 Emotional Symptoms Symptoms in Extremely Isolated Isolated Groups, ARCHIVES PSYCHIATRY 362 (1963); & Nelson, supra supra note 71, 1111-15. ARCHIVES GEN. PSYCHIATRY (1963); Gunderson Gunderson & 71, at 1111-15. supra note 78, at 253-73. 88. Rothblum, supra 89. Gunderson Gunderson & 71, at 1114. & Nelson, supra supra note 71, & Freeman, 90. See Cochrane Cochrane & Freeman, supra supra note note 71, at 889. 91. Id. 91. Id. at 887. supranote 78, at 267. 92. Rothblum, supra HeinOnline -- 22 Wash. U. J.L. & Pol'y 360 2006 2006] Psychiatric Effects of Solitary Confinement Confinement Psychiatric 361 approval for.., environments .... .... The opposite approval seem unsuited for ... such environments 93 well.,,93 [traits are found in] those who adjust well. IV. EXPLORERS: EXPLORERS: SOLO VOYAGES VOYAGES Anecdotal reports of shipwrecked Anecdotal shipwrecked sailors and individuals accomplishing generally described accomplishing long solo sea voyages have generally described "disturbances "disturbances in attention and in organization organization of thought, labile and 94 Dramatic Dramatic anecdotal extreme affect, hallucinations and delusions. ,,94 extreme reports have appeared from time to time. Some of these were reports appeared summarized in a review article article by Dr. Philip Solomon, one of the lead scientists in the Harvard Medical SchoollBoston School/Boston City Hospital group: Christine Ritter in her very sensitive document A Woman in the Polar Night, reported that at times she saw a monster monster...... [and] Polar Night, experienced depersonalization depersonalization to the extent that she thought experienced she and her companions companions were dissolving in moonlight 'as 'as up' ... ... The Spitzbergen hunters use though it were eating us up' .... 95 these experiences to describe 95 the term ran (strangeness) to describe these experiences .... Tales of the sea have provided provided many accounts of hallucinatory phenomena. John Slocum sailed alone around the world... world. . . [In the South Atlantic] he suddenly saw a man, who at first he thought to be a pirate, take over the tiller .... .... Walter Gibson, a soldier soldier in the British Indian Army, was on a ship ship torpedoed .... Japanese in World World War II .... torpedoed in the Indian Ocean by the Japanese shipwrecked survivors] reported that "all "all of us at various stages [The shipwrecked stages in that first week became hallucinations" ... . . . [As the weeks became a prey to hallucinations" comradeship disappeared passed] the feeling of <;omradeship disappeared and the men began to suspiciously." 96 and suspiciously.,,96 covertly and our fellows find themselves themselves "watching "watching our fellows covertly 93. & Hogan, supra 93. Biersner Biersner & supra note 77, at 495. 495. 94. Peter Suedfeld, Introduction Introduction and Historical HistoricalBackground, DEPRIVATION: Background, in SENSORY SENSORY DEPRIVATION: FIFTEEN YEARS, supra 71, at 7. supra note 71, al., Sensory Deprivation: Deprivation:AA Review, 114 AM. J. J. PSYCHIATRY 357, 95. Philip Solomon Solomon et ai., 357, 357-58 (1957). 357-58 (1957). Id. 96. Id. HeinOnline -- 22 Wash. U. J.L. & Pol'y 361 2006 362 & Policy Journal of Law & [Vol. 22:325 Murder, suicide, and cannibalism followed as social controls 97 dissolved. 97 V. MEDICAL MEDICAL CONDITIONS CONDITIONS PatchedPatients A. Eye Patched Patients Restricted Restricted environmental stimulation conditions also occur postoperatively and in certain medical conditions. In a study of one hundred American American patients patients with macular macular degeneration degeneration of the retina, a percentage of such patients experienced experienced disturbing visual high percentage 98 cognitively Those patients who were relatively cognitively hallucinations. 98 limited, those who were socially isolated, and those with socially simultaneous sensory impairment in another modality (for example, simultaneous sensory impainnent example, 99 hearing-impaired patients) fared worst. 99 But other factors, including hearing-impaired concomitant medical illness, did not appear to affect affect the presence presence of concomitant incidence of hallucinations. 100 100 the incidence In an especially especially relevant study of eye patched patients, patients, it was determined that psychologically well-adjusted patients detennined psychologically well-adjusted patients (as assessed prior to surgery) surgery) tended not to develop develop visual hallucinations hallucinations during the period when their eyes eyes were were patched, whereas those suffering suffering preexisting preexisting personality personality disturbances disturbances did tend to develop develop such such hallucinations. 101 101 Among Among those patients patients who did develop develop hallucinations, hallucinations, almost almost half developed developed complex hallucinations hallucinations involving involving human figures and with content content suggesting suggesting serious preoccupations anxiety. 10 2 Moreover, Moreover, preoccupations with themes themes of depression and anxiety.102 among those patients who had both preexisting preexisting personality personality disturbances disturbances and difficulty difficulty with their premorbid psychosocial psychosocial adjustment, eye patching produced severe psychiatric eye patching produced severe psychiatric symptomatology, symptomatology, including: including: paranoid thoughts about being poisoned, physically physically harmed hanned or attacked; attacked; psychomotor psychomotor agitation; agitation; interpersonal interpersonal 97. 97. Id. Id. 98. 98. See Suzanne Suzanne Holroyd Holroyd et et al., aI., Visual Hallucinations Hallucinations in Patients Patients with Macular Macular Degeneration, (1992). Degeneration, 149 AM. AM. J. PSYCHIATRY PSYCHIATRY 1701, 1701, 1703 1703 (1992). 99. Id. at 1703-04. Id.at 1703-04. 100. Id. Id. 101. 101. Klein & & Moses, Moses, supra supra note note 54, 54, at at 49. 102. 102. Id. Id. HeinOnline -- 22 Wash. U. J.L. & Pol'y 362 2006 2006] Confinement Psychiatric Effects of Solitary Solitary Confinement 363 aggressiveness; aggressiveness; inability to comply with staff directives; fearful visual hallucinations; incapacitating anxiety. 103 In this most hallucinations; and incapacitating disturbed group, symptoms had not remitted when observed one patches were removed. 104 week after their eye patches Other studies have also found patients to suffer from perceptual perceptual distortions, thinking disturbances, disturbances, and mood changes following the visual deprivation postoperative recovery in eye deprivation that is part of postoperative 05 Furthermore, Furthermore, it was noted that "[i]n ... brain surgery. 105 "[i]n patients with with.., brain damage, there were also delirioid symptoms, e.g., confusion, disorientation, memory impairment, vivid hallucinations hallucinations [and [and disorganized] hyperkinetic hyperkinetic activity .... .... ,'06 Finally, in C. Wesley disorganized] ,,106 Jackson's extensive extensive literature review of hospitalized eye patched patched 10 7 These These patients, psychiatric disturbance was commonly commonly found. l07 patients suffered suffered from unusual emotional, emotional, cognitive, and sensorysensoryperceptual disturbances similar to those previously previously described. B. Poliomyelitis Poliomyelitis Polio patients become patients confined confined to tank-type tank-type respirators have become confinement; moreover, they psychotic as a direct result of such confinement; became hallucinations and delusions, at became more ill, with more florid hallucinations 108 The same night when sensory input was diminished. 108 same florid hallucinatory, delusional hallucinatory, delusional psychosis psychosis has been found in other patients 109 similarly confined confined in in tank tank respirators. respirators. 109 C. Cardiac CardiacPatients Patients C. Patients decompensated heart disease are at times placed on Patients with decompensated on developed acute very strict bed rest; some of these patients have developed 103. Id.at at 50. 103. Id. 104. Id. 105. See. See, e.g., Eugene Ziskind et aI., al., Observations Observations on Mental Patched Mental Symptoms in Eye Patched 105. Patients: Hypnagogic Symptoms in Sensory Sensory Deprivation, J. PSYCHIATRY Patients: Hypnagogic Deprivation, 116 AM. 1. PSYCHIATRY 893 (1960); (\960); Ziskind, supranote 53. Ziskind, supra 53. 106. Ziskind et al., supranote 105, aI., supra \05, at 894. 107. See C. Wesley \07. Wesley Jackson, Jr., Clinical Clinical Sensory Deprivation: Deprivation: AA Review of of Hospitalized Hospitalized Eye-Surgery Patients, Patients,in SENSORY 71, at 337-43. SENSORY DEPRIVATION: FIFTEEN FIFTEEN YEARS, YEARS, supra supra note 71, al., supra supra note 95, at 361. 361. 108. Solomon et aI., 109. Id. Id. at 362. 362. HeinOnline -- 22 Wash. U. J.L. & Pol'y 363 2006 364 Journal of Law & & Policy [Vol. [Vol. 22:325 confusional, paranoid, hallucinatory psychoses, especially especially at night during periods of decreased decreased sensory input. Studies of postoperative open heart surgery patients who were bed confined-their confined-their visual stimulation restricted to looking up at a whitetiled hospital room ceiling-revealed ceiling-revealed a high rate of disordered 10 disorientation.'llo thinking, visual and auditory hallucinations, and disorientation. There is an extremely disturbing incidence of psychosis following open heart surgery, ranging in various studies from 14% 14% to 30%.111 30%. 11 Upon recovery recovery these patients described their postoperative environment environment as a major pathogenic factor in producing their psychiatric illness. "1122 Perceptual Perceptual disturbances disturbances and emotional emotional liability, as well as paranoia, depression, and obsessive-compulsive obsessive-compulsive reactions to the restrictive restrictive postoperative environment have been documented in 113 as well. studies other as well. 113 D. Hearing-Impaired Hearing-Impaired Individuals Individuals Another condition of restricted environmental stimulation leading restricted environmental to psychiatric disturbance of psychiatric disturbance involves the hearing hearing impaired. Studies of the deaf consistently consistently find significantly significantly higher rates of paranoia paranoia in 14 High High rates of paranoia have been reported in these individuals.' individuals. 114 both developmentally hearing impaired as well as those who both the developmentally 110. & J.H. Kay, Psychological DisturbancesAssociated with Open 110. See, e.g., e.g., N. Egerton Egerton & Psychological Disturbances Heart Surgery, 110 BRIT. J. PSYCHIATRY (1964); Donald S. Kornfeld et al., PSYCHIATRY 433 (1964); aI., Psychiatric Psychiatric Heart Surgery, Complicationsof Open-Heart Surgery, 273 NEw NEW ENG. ENG. J. MED. 287 (1965); (1965); Herbert R. Lazarus Lazarus Complications o/Open-Heart Surgery, 273 & of Psychosis J. Jerome H. Hagens, Hagens, Prevention Prevention 0/ Psychosis Following Following Open-Heart Open-Heart Surgery, Surgery, 124 124 AM. AM. J. & Jerome PSYCHIATRY PSYCHIATRY 1190 (1968); (1968); Larkin M. Wilson, Wilson, Intensive Care Care Delirium, Delirium, 130 ARCHIVES ARCHIVES INTERNAL MED. 225 (1972). (1972). INTERNAL MED. 111. & Patricia Coronary Ill. Robert Robert E. E. Lee Lee & Patricia A. A. Ball, Some Thoughts on the Psychology of 0/ the Coronary Care Unit Patient, J. NURSING 1498, 1501 Patient, 75 AM. AM. J. NURSING 1498, 1501 (1975). (1975). 112. supra note note 110, 110, at at 290. 112. Komfeld Kornfeld et et al., aI., supra 113. Unusual Sensory and Thought Disturbances Cardiac 113. See, e.g., e.g., Rosemary Rosemary Ellis, Ellis, Unusual Disturbances After After Cardiac Surgery, AM. J. J. NURSING NURSING 2021 2021 (1972); (1972); Alvin G. Goldstein, Hallucinatory Hallucinatory Experience: Experience: A Surgery, 72 AM. Personal Personal Account, 85 J. J. ABNORMAL ABNORMAL PSYCHOL. PSYCHOL. 423 423 (1976); (1976); Linda Linda Reckhow Reckhow Thomson, Thomson, Sensory Deprivation: 73 AM. AM. J. J. NURSING NURSING 266 (1973); (1973); Lee & & Ball, Ball, supra supra note Deprivation: A A Personal Personal Experience, Experience, 73 Ill. 111. 114. See, e.g., Kenneth Z. Altshuler, the Deaf: Altshuler, Studies of o/the Deaf Relevance to Psychiatric Psychiatric Theory, 127 AM. (1971); F. Houston 127 AM. J. J. PSYCHIATRY PSYCHIATRY 1521 1521 (1971); Houston & & A.B. Royse, Royse, Relationship Relationship Between Deafness JIlness, 100 \00 J. MENTAL MENTAL SCI. SCI. 990 990 (1954). (1954). Deafness and Psychotic Psychotic Illness, HeinOnline -- 22 Wash. U. J.L. & Pol'y 364 2006 2006] Psychiatric Effects of Solitary Confinement Confinement Psychiatric 365 became deaf in later life. Experimentally Experimentally induced deafness in psychiatrically unimpaired psychiatrically unimpaired adults also produced paranoia.1I 15 15 E. Other Other Medical Medical Patients Patients E. Disorientation and delusional psychoses have also been reported reported postsurgically among immobilized immobilized orthopedic patients and in patients postsurgically bed-confined. Nursing researchers have studied this phenomenon phenomenon and have concluded concluded that frightening hallucinatory hallucinatory experiences "are suspected."'1I 1616 been suspected." has been than has probably far more widespread than VI. OCCUPATIONAL OCCUPATIONAL SITUATIONS SITUATIONS Medicine on Researchers reported reported in the New England Journal of Medicine a study of fifty long-distance truck drivers; of these, thirty experienced experienced vivid visual hallucinations hallucinations and some became became disoriented disoriented 117 dream. in a dream.117 ifin as if VII. ANIMAL ANIMAL STUDIES As noted in the body of this article, many prisoners prisoners confined confined in in solitary become intolerant environmental intolerant of normal normal levels of environmental (especially experimental (especially social) stimulation. These reports receive receive experimental confirmation confirmation in laboratory research on animals. Such research research demonstrates demonstrates that sensory deprivation deprivation produces produces an intolerance to normal levels levels of environmental environmental stimulation; animals exposed to sensory deprivation deprivation conditions conditions became became overly overly arousedaroused"hyperexcitable"-when exposed to normal levels of environmental "hyperexcitable"-when exposed environmental 8 behavioral disturbances." resulting in stimulation, often resulting in severe severe behavioral disturbances. 118 115. 115. See Phil Phil G. G. Zimbardo Zimbardo et et al., aI., Induced Hearing Hearing Deficit Deficit Generates Generates Experimental Experimental Paranoia, 1529-31 (1981). (1981). Paranoia, 212 212 SC. SCI. 1529, 1529, 1529-31 116. S.Downs, Florence S. Downs, Bed Rest Rest and Sensory Disturbances, Disturbances, 74 74 AM. AM. J. J. NURSING NURSING 434, 434, 438 438 116. Florence (1974). (1974). 117. Ross A. A. McFarland & & Ronald C. C. Moore, Moore, Human Factors Factors in Highway Highway Safety, 256 256 NEW NEW ENG. 792, 797 ENG. J. J. MED. MED. 792, 797 (1957). (1957). 118. 118. See See Austin Austin H. H. Riesen, Riesen, Excessive Excessive Arousal Arousal Effects Effects of of Stimulation Stimulation After After Early Early Sensory Deprivation, at35-36. Deprivation, in SENSORY SENSORY DEPRIVATION-HARVARD, DEPRIVATION-HARVARD, supra supra note 47, 47, at 35-36. HeinOnline -- 22 Wash. U. J.L. & Pol'y 365 2006 366 Journal of Law & Policy [Vol. 22:325 of produced agitation in mice and rats after a few days of One study produced isolation, a report which corroborated corroborated previous 19 previous studies with rats. 119 Others have also found isolation-induced aggressive behavior in mice isolation-induced aggressive 120 Further, social isolation isolation has been (such as biting attacks). 120 demonstrated to produce profound and lasting psychological demonstrated psychological effects in primates. Researchers Researchers have noted that over four hundred published published investigations of the effects effects of social isolation isolation on primates show such investigations deleterious effects disturbances in perception deleterious effects as self-mutilation self-mutilation and disturbances perception 21 They found that in adult rhesus monkeys even brief brief and learning. 121 compromised cognitive cogmtIve periods of social isolation produce compromised 122 processing. 122 Others Others have produced symptoms of depression depression in confining them for thirty days. 123 123 They concluded rhesus monkeys by confining concluded "confinement produced greater that solitary "confinement greater destructive behavioral effects in less time and with fewer individual differences among [demonstrated to subjects than did total social isolation, previously previously [demonstrated be] the most powerful technique for producing psychopathological psychopathological behavior subjects."' 124 Induced depression behavior among monkey subjects.,,124 depression through25 both young confinement has been reported in in both young and and mature mature monkeys.' monkeys. 125 isolation-produced fear III in dogs has been clearly Finally, isolation-produced 26 demonstrated. 126 119. T.C. Barnes, Isolation Stress in Rats and and Mice as a Neuropharmacological Test, 119. See T.e. Barnes, Isolation Neuropharmacological Test, 18 18 FED'N PROC. 365 (1959). (1959). 120. al., Desipramine Enhances Isolation-Induced Aggressive Matsumoto et aI., Desipramine Enhances Isolation-Induced Aggressive 120. Kinzo Matsumoto Behavior BIOCHEMISTRY & BEHAV. (1991). Behavior in Mice, 39 PHARMACOLOGY PHARMACOLOGY BIOCHEMISTRY BEHAV. 167, 168 168 (1991). 121. & Duane M. Rumbaugh, ImpairedPerformance from Brief 121. See David A. Washburn & Rumbaugh, Impaired Performance from Brief Social Isolation ofRhesus Rhesus Monkeys, 105 Social Isolation 105 J. J. COMP. COMPo PSYCHOL. PSYCHOL. 145 (1991). (1991). 122. Id. 145. Id. at 145. 123. McKinney et aI., al., Depression Primates, 127 AM. J. PSYCHIATRY PSYCHIATRY 1313, 123. William T. McKinney Depression in Primates, 1313, (1971). 1316 (1971). 124. 124. Id. Id. at 1317. 1317. 125. J. Suomi, Induced 125. See Harry Harry F. Harlow & & Steven 1. Induced Depression Depression in Monkeys, 12 BEHAV. BIOLOGY BIOLOGY 273 273 (1974). (1974). 126. See W.R. Thompson Early Environment, Environment, 194 SCI. AM. (1956). Thompson & & R. Melzack, Early AM. 38 (1956). HeinOnline -- 22 Wash. U. J.L. & Pol'y 366 2006 2006] Psychiatric Confinement Psychiatric Effects of Solitary Confinement 367 ApPENDlXB: APPENDIX B: CENTURY GERMAN EXPERIENCE THE NINETEENTH NINETEENTH CENTURY EXPERIENCE WITH SOLITARY SOLITARY CONFINEMENT CONFINEMENT Between 1854 and 1909 thirty-seven appeared in the Between 1854 thirty-seven articles appeared psychotic disturbances disturbances German medical medical literature on the subject subject of psychotic summarizing years of work and many hundreds of hundreds of among prisoners, summarizing was published literature was cases. A major review of this this literature published in in 1912.127 1912.127 Solitary confinement confinement was the single most important identified important factor identified in the etiology of these psychotic illnesses. psychotic Indeed, the first report on the subject of prison psychoses was that of Delbruck, chief physician of the prison prison at Halle, in which the disturbances was at last so great that it attracted frequency of mental disturbances the attention of the authorities. 128 128 Delbruck's report concluded concluded that prolonged prolonged absolute isolation has a very injurious effect effect on the body and mind and that it seems to predispose inmates to hallucinations 29 confinement. 1129 solitary confinement. of solitary and advised advised the immediate immediate termination termination of In 1863 Gutsch reported reported on eighty-four eighty-four cases cases of psychosis psychosis stemming confinement and described stemming from solitary confinement described vivid vivid hallucinations apprehensiveness, hallucinations and persecutory delusions, apprehensiveness, psychomotor excitation, sudden onset of the syndrome, syndrome, and rapid rapid psychomotor recovery 130 Many of these recovery upon termination of solitary solitary confinement. 130 maniacal outbreaks."131 "suicidal and developed "suicidal individuals individuals developed and maniacal outbreaks." 131 In 1871, 1871, in a report on fifteen cases of acute reactive psychoses, some of which apparently apparently occurred within hours of incarceration incarceration in solitary, Reich described described hallucinosis and persecutory persecutory delusions in addition to severe anxiety excitement-"[t]he anxiety leading to motor excitement-"[t]he patient becomes noisy, screams, screams, runs aimlessly aimlessly about, destroys and and 132 He also described ruins everything that comes in his way."' way.,,132 described an accompanying these symptoms, acute confusional state accompanying symptoms, sudden 127. 128. 129. 130. 130. 131. 131. 132. See NITSCHE & WILMANNS, WILMANNS, supra NITSCHE & supra note 36. Id. 1. !d. at I. Id. !d. at 2. Id. !d. at 8. Id. !d. Id. !d. at 31. HeinOnline -- 22 Wash. U. J.L. & Pol'y 367 2006 Journal Journal of Law Law & & Policy Policy 368 [Vol. 22:325 22:325 [Vol. cessation recovery, and subsequent subsequent amnesia amnesia for the the cessation of symptoms, 33recovery, psychosis. 1133 events of the psychosis. summary, Knecht reported reported in 1891 1891 on on the the In aa statistical summary, diagnostic assessment assessment of 186 186 inmates inmates at the "insane "insane department" department" of of diagnostic total half of the that over concluded and the prison at Waldheim prison Waldheim concluded over inmates in this department department were there there due due to reactive reactive manifestations manifestations 34 The majority majority of these35inmates inmates became became confinement. 134 to solitary confinement.' in solitary. confinement in solitary. 135 insane within two years of confinement In 1884 1884 Sommer reported on 111 cases cases describing an acute, acute, reactive, hallucinatory, confusional state associated associated with hallucinatory, anxious, confusional reactive, outbursts" and solitary confinement, emphasizing emphasizing the "excited "excited outbursts" and 36 "vicious assaults" of these patients. 1 His patients' illness began with patients' "vicious assaults" of these patients. 136 difficulty in concentration concentration and hyperresponsivity hyperresponsivity to minor disturbances of "inexplicable" external of "inexplicable" external stimuli. These "elementary "elementary disturbances (i.e., the five senses)" the sensorium sensorium (i.e., senses)" were were seen as leading to "elementary hallucinations" "elementary hallucinations" which which became became more numerous, numerous, olfactory hallucinations hallucinations eventually including including auditory, visual, and olfactory eventually becoming and eventually becoming incorporated incorporated with fearful persecutory persecutory 137 delusions. 137 Kirn described 129 cases of psychosis In 1889 1889 Kim psychosis among the inmates at the county county jail at Freiburg, concluding that in fifty of those cases, "solitary confinement confinement can can be "solitary be definitely definitely considered as the etiological including stamp" including characteristic stamp" factor, (and these) show a certain characteristic in multiple and hallucinations delusions persecutory persecutory hallucinations multiple spheres 138 He also noted that these these (auditory, visual olfactory, tactile).138 tactile). symptoms often precipitated at night: [T]he [T]he patient patient is suddenly surprised surprised at night by hallucinatory These experiences which bring on an anxious excitement. These experiences manifestations become constant from now on, in many cases manifestations occurring only at night, in others also in the daytime. Attentive infrequently hear at first a humming and buzzing patients not infrequently 133. 134. 135. 136. 137. 138. Id.at 32-33. Id. Id. Id. Id. at 17. Id.atI7. 12, 16. Id. at 12, Id. Id. at 12-16. !d. Id. at 21. Id. HeinOnline -- 22 Wash. U. J.L. & Pol'y 368 2006 2006] Psychiatric Effects Effects of Solitary Confinement Confinement Psychiatric 369 in their ears, ears, unpleasant noises and inarticulate inarticulate sounds which which they cannot understand until finally they hear well differentiated sounds and distinct words and sentences.... differentiated sentences .... 39 . . . The visual hallucinations hallucinations are very vivid. 139 ... contributed a description of "vorbereiden"-also In 1888 Moeli contributed "vorbereiden"-also 140 symptom of approximate answers.,,140 Ten years later later "the symptom approximate answers."' known as "the literature the elucidation Ganser contributed contributed to the literature elucidation of a syndrome 141 As Arieti points out, Ganser's Ganser's which included included Moeli's Moeli's symptom. 14 Syndrome became Syndrome became well known-indeed, known-indeed, almost a codification codification of the the 42 1 Ganser provided provided whole body of literature literature on the prison prison psychoses. 142 well-elucidated synthesis of symptoms, most of of comprehensive and well-elucidated a comprehensive which had been previously described described elsewhere. elsewhere. The syndrome syndrome he he described described included (in addition addition to vorbereiden) vorbereiden) vivid visual and and sudden auditory auditory hallucinations, hallucinations, a distinct clouding of consciousness, consciousness, sudden dream," and "a "a more or less cessation "as from a dream," cessation of symptoms "as complete complete amnesia amnesia for the events during the period of clouded clouded 43 Ganser's most original original description description was of consciousness."' 143 of consciousness."' conversion "hysterical "hysterical stigmata" within the syndrome, including conversion 144 symptoms, especially total analgesia. 144 Some of the German authors failed to note whether the inmates they were describing were housed in solitary confinement confinement and, unfortunately, unfortunately, Ganser was one of these, stating only that his were 1901, also reporting prisoners awaiting trial. However, Langard, in 1901, reporting on observations accused prisoners awaiting awaiting trial, described described an observations of accused acute violent hallucinatory hallucinatory confusion with persecutory delusions and and Id. at 23-24. 139. [d. Vorbereiden is a rather remarkable 140. Vorbereiden remarkable symptom symptom of deranged deranged and confused thought thought of processes processes in which the individual's individual's response response to a question suggests that he grasped the gist of the question, and his answer is clearly relevant relevant to the question, and related to the obvious obvious "How many correct many correct answer, yet it still oddly manages to be incorrect. An example would would be: Q: "How "Yellow". States" A: "Four". Q: "What colors are there in the flag of the United States" "What are they?" they?" A: "Yellow". FOR ARCHIV 141. Ganser, Ueber 141. Ueber Einen Eigenartigen Hysterischen Hysterischen Dammerzustand, Diimmerzustand, 30 30 ARCH IV FOR NERVENK] 633 (1898) PSYCHIATRIE NERVENKRAN-KHEITEN [ARCH PSYCH. & NERVENKj633 PSYCH1ATRIE UND UND NERVENKRAN-KHEITEN (1898) (F.R.G.). AMERICAN HANDBOOK 142. AMERICAN HANDBOOK OF PSYCHIATRY PSYCHIATRY 710-12 710--12 (Gerald Caplan ed., 2d ed. 1974). 143. Id. [d. 144. Id. [d. HeinOnline -- 22 Wash. U. J.L. & Pol'y 369 2006 370 Journal Journal of of Law Law & Policy Policy [Vol. 22:325 [Vol. specifically stated stated that this syndrome occurred occurred exclusively exclusively among specifically solitary confinement. those who who awaited awaited trial trial in solitary confinement. 145 145 1901 Raecke Also in 1901 Raecke similarly similarly reported reported on prisoners prisoners awaiting awaiting trial including described the full syndrome syndrome described described by Ganser, including and described vorbereiden; vorbereiden; he he specifically specifically condemned condemned solitary solitary confinement confinement as 46 He described described his cases cases as beginning beginning responsible for the syndrome. syndrome. 1146 responsible of apathy, progressing progressing to "inability "inability to concentrate, a feeling of with apathy, including features, catatonic incapacity think," even catatonic including and even to think," incapacity 47 negativism, stupor, and and mutism. mutism. 1147 negativism, In another report, written the same year, Skliar reported on sixty case histories histories of which he identified identified twenty-one twenty-one as acute prison prison While vorbereiden vorbereiden was solitary confinement. 148 While psychoses caused by solitary symptoms described described by Ganser Ganser and not noted, most of the other symptoms Raecke were, were, including massive anxiety anxiety and fearful auditory and hallucinations of smell, taste, visual hallucinations; hallucinations; in severe cases, cases, hallucinations and "general sensation" as well as persecutory delusions, senseless senseless "general sensation" 4 ' agitation and violence, vioience, confusion, and disorientation. disorientation.1149 The incarceration in psychosis developed rapidly, at times within within hours of incarceration noted. 151 150 Catatonic solitary confinement. confinement. 150 Catatonic symptomatology symptomatology was was also also noted. 151 solitary suffered The German literature reported reported only on prisoners who suffered gross psychotic psychotic symptomatology, some of whom were observed in departments" of prisons; thus, these reports hospitals or "insane "insane departments" expressions that rose to the level generally described only syndromal expressions of overt psychosis. psychosis. The German reports do, however, powerfully powerfully distinguishable demonstrate the existence of a particular, clinically distinguishable psychiatric syndrome associated associated with solitary confinement. These multiple reports described described a syndrome syndrome which included: 1. Massive 1. Massive free-floating free-floating anxiety. includingSensorium," including"Disturbances of the Sensorium," 2. "Disturbances 145. 145. 146. 146. 147. 147. 148. 148. 149. 149. 150. 150. 151. 151. supra note 36, at 32. NITSCHE & WILMANNS, WILMANNS, supra NITSCHE & Id. at 34. !d. Id. Id. at 33-35. 33-35. Id. Id. at 40. 41. Id. Id. at 41. Id. Id. Id. HeinOnline -- 22 Wash. U. J.L. & Pol'y 370 2006 2006] Psychiatric Effects of Solitary Confinement Confinement Psychiatric 371 a. hyperresponsivity hyperresponsivity to external stimuli; and hallucinations in multiple spheres (including b. vivid hallucinations (including auditory, visual, olfactory, olfactory, gustatory, and tactile began as simple modalities); in some reports, these began "elementary" hallucinations and progressed to complex, "elementary" hallucinations and formed hallucinations. 3. Persecutory Persecutory delusions, complex complex hallucinations. often often incorporating coexistent coexistent incorporating confusional states. In some reports these were seen 4. Acute Acute confusional seen as beginning beginning with simple inattention inattention and difficulty in concentration. In others, the onset was described as sudden. concentration. several reports The confusional confusional state and disorientation disorientation was in several described as resembling a dissociative, dreamlike state, at described dissociative, times involving features of a catatonic stupor, including involving negativism and mutism; and, upon recovery, leaving leaving a residual amnesia for the events of the confusional state. Ganser and others observed observed hysterical conversion symptoms during this confusional state. 5. Vorbereiden: 5. Vorbereiden: This was an infrequent finding, mostly hallucinatory described in conjunction conjunction with a confusional, hallucinatory state. state. 6. Motor excitement, often often associated associated with sudden, violent destructive outbursts. 7. Characteristic Characteristic course of the illness: a. onset was described described by some authors as sudden, by others as heralded by a progression beginning with sensory disturbances disturbances and/or inattention and difficulty difficulty in concentration; and concentration; subsidence of acute symptoms b. in many cases, rapid subsidence solitary confinement. upon termination of solitary The German German reports were generally based upon prisoners who had psychotic illness. In contrast, the been hospitalized because because of their psychotic population preselected by population reported upon in the Walpole study was not preselected overt psychiatric psychiatric status. Despite this, all of the major symptoms symptoms HeinOnline -- 22 Wash. U. J.L. & Pol'y 371 2006 372 Journal of Law & Policy Policy [Vol. 22:325 reported German clinicians were observed in the Walpole reported by the Gennan vorbereiden and hysterical conversion population, except for vorbereiden symptoms. In addition, less severe forms of the isolation isolation syndrome were observed observed in the Walpole population, including: " Perceptual distortions and loss of perceptual constancy, in • Perceptual some cases without hallucinations. *• Ideas of reference and paranoid ideation short of overt delusions. " Emergence of pnmlttve primitive aggressive aggressive fantasies which • Emergence remained ego-dystonic ego-dystonic and with reality-testing reality-testing preserved. " Disturbances of memory and attention short of overt • Disturbances disorientation and confusional state. disorientation " Derealization experiences • Derealization experiences without massive dissociative regression. regresslOn. clearest Since Ganser's report has become the twentieth century's clearest memory of a much vaster body of literature, it is also of interest interest to review the literature describing observations Syndrome observations of Ganser's Syndrome in non-prison non-prison populations. Several of these reports have been studies suffering from this syndrome. of patients patients in psychiatric psychiatric hospitals suffering Since these patients were hospitalized, it was possible to obtain more extensive evaluation extensive evaluation and testing of their status. Several reports suffering long standing patients studied as suffering standing described a majority of the patients hysterical conversion conversion symptoms; impulsivity, childhood truancy, and impulsivity, childhood antisocial behavior were also commonly described. 152 These findings antisocial suggest also that antisocial behavior behavior patterns and psychopathic psychopathic personality disorder may bear a close relationship to primitive hysterical personality disorder, a53 relationship which has been 1 well. 153 as well. other authors described by other authors as 152. See, e.g., & Moriarty, supra supra note 59; May et al., 152. See, e.g., Ingraham & aI., supra supra note 59; Milo Milo Tyndel, Some Aspects of the Ganser State, 102 & Tynde1, Ganser State, 102 J. MENTAL MENTAL Sci. SCI. 324 (1956); (1956); Herbert Weiner Weiner & Alex Braiman, The Ganser GanserSyndrome, Syndrome, 111 111 AM. J. PSYCHIATRY PSYCHIATRY 767 (1955). (1955). 153. AL., PSYCHIATRIC PSYCHIATRIC DIAGNOSIS (1974). 153. See ROBERT ROBERT A. WOODRUFF, WOODRUFF, JR. ET AL., DIAGNOSIS (1974). HeinOnline -- 22 Wash. U. J.L. & Pol'y 372 2006 2006] Psychiatric Confinement Psychiatric Effects Effects of Solitary Confinement 373 ApPENDIXC: C: APPENDIX EXPERIMENTAL RESEARCH EXPERIMENTAL RESEARCH ON THE PSYCHIATRIC PSYCHIATRIC EFFECT OF PROFOUND DEPRIVATION: FACTORS INFLUENCING PROFOUND SENSORY DEPRIVATION: INFLUENCING VULNERABILITY TO PSYCHIATRIC PSYCHIATRIC HARM VULNERABILITY laboratory research As noted in the body of this article, laboratory research has demonstrated demonstrated that experimentally experimentally induced induced sensory deprivation deprivation has major psychological effects effects and can precipitate precipitate severe severe psychiatric psychiatric illness. Much of the research in this area attempted attempted to delineate factors in addition to the duration and intensity of sensory restriction restriction which might account for these differing differing outcomes. The factors which which have been elucidated elucidated include two which are especially especially relevant to this discussion and may help to explain explain the particular particular malignancy malignancy of of sensory expectation and sensory deprivation deprivation in solitary confinement: confinement: expectation and individual individual response. I. THE INFLUENCE INFLUENCE OF EXPECTATION EXPECTATION Research has suggested that a subject's reaction to participation participation in experiment could be profoundly a sensory deprivation experiment profoundly manipulated manipulated by external cues imposed by the experimenter: imposed [These] dramatic effects could be a function of the demand [These] demand characteristics situation.... characteristics of the experimental situation .... There is evidence evidence ... ... that preparing preparing a subject for probable probable hallucinations significantly affects the frequency of of hallucinations significantly hallucinations.... hallucinations. . .. [S]uch devices as "panic buttons" in experiments "instructions." The use of experiments are in a sense sense eloquent "instructions." of such a device increases the subject's expectation that increases subject's expectation something intolerable and, likelihood of of something intolerable may occur, with it, the likelihood 154 a bad experience. 154 154. Martin T. Orne & Karl E. Scheibe, The Contribution of Nondeprivation Non deprivation Factors in the Production of of Sensory The Psychology of the "Panic Button, J. Sensory Deprivation Effects: The Button,"" 68 1. Production ABNORMAL & SOC. SOC. PSYCHOL. 3, 3, 4 (1964) ABNORMAL & (1964) (citations omitted). HeinOnline -- 22 Wash. U. J.L. & Pol'y 373 2006 374 Journal Journal of Law Law & Policy Policy [Vol. [Vol. 22:325 22:325 In the experiment, experiment, the researchers researchers exposed exposed two groups of subjects subjects In sensory deprivation. The experimental experimental identical conditions conditions of sensory to identical experiment included the presence group's introduction introduction to the experiment presence of a group's Button." a "Panic medical "Emergency Tray," instructions about a "Panic Button." instructions and medical "Emergency Tray," the experimental group became became significantly significantly more experimental group As predicted, the cognitive impairment impairment and and restlessness, restlessness, symptomatic in measures measures of cognitive symptomatic measure-including more symptomatic symptomatic in every every other measure-including and also more 55 spatial disorientation.' perceptual aberrations, aberrations, anxiety, anxiety, and and spatial disorientation. 155 perceptual confinement generally In aa related related manner, prisoners prisoners in solitary solitary confinement generally In confinement as threatening threatening and punitive, and often as a view such confinement spirit." In deliberate attempt to make make them "crack "crack up" up" or "break "break my spirit." In deliberate suggesting light of this, it is not surprising that the only recent report suggesting confinement utilized prisoners solitary confinement prisoners who who major ill effect of solitary no major confinement. 156 solitary confinement. volunteered to spend four days in in solitary 156 volunteered II. INDIVIDUAL INDIVIDUAL DIFFERENCES DIFFERENCES IN IN RESPONSE RESPONSE Several authors have directed directed attention attention to the fact that within a given experimental response can be experimental format, massive massive differences differences in response observed among individual subjects. Often subjects who tolerated the observed experimental situation situation well reported pleasant, or at least nonexperimental threatening, visual imagery, imagery, fantasy, and hallucinatory hallucinatory experiences. experiences. threatening, The individual's mind may begin to wander, engage engage in daydreams, daydreams, slip off into hypnogogic reveries with their attendant vivid pictorial images. The individual may be quietly having sexual and other 157 pleasurable thoughts. 157 pleasurable On the other hand, in Another subject subject in the same situation may deal with it in of quite another manner. He may soon complain of all manner of things: the bed is causing him a backache, his mind is a blank of] intense boredom, tenseness, complains of] ..... . .. [He also complains Id. at 3-12. 155. ld.at3-12. 119 AM. AM. Confinement on Prisoners, Solitary Confinement al., Effects of Solitary 156. See Richard Richard H. Walters et aI., Prisoners, 119 (1963). J. PSYCHIATRY PSYCHIATRY 771 (1963). 1. 81, at 36. al., supra supra note 81, 157. Wright et aI., HeinOnline -- 22 Wash. U. J.L. & Pol'y 374 2006 2006] Psychiatric Effects Effects of of Solitary Solitary Confinement Confinement Psychiatric 375 of having 158unpleasant unpleasant thoughts or depressive feelings or of depressive him. disturb that images picture-like images disturb him. 158 picture-like of In response response to these these concerns concerns about the incidence incidence of psychopathological reactions to sensory sensory deprivation, deprivation, an an important important psychopathological experimentation in this area has has been, been, by prescreening, pre screening, thrust of the experimentation subjects only those persons demonstrating, demonstrating, by some some to select as subjects psychological strength strength and capacity capacity to tolerate regression. regression. measure, psychological such work work has been: theoretical premise premise of such The theoretical sensory deprivation deprivation experiments, ego's experiments, it is the ego's [I]n the sensory predominately involved .... .... autonomy from the drives that is predominately Differences in drive-discharge drive-discharge thresholds, phantasy phantasy [sic] [sic] and ... termed daydream capacity, capacity capacity for what [is] ... "regression in in the the service ego" are other theoretically of the the ego" theoretically "regression service of relevant structural structural dimensions dimensions accounting accounting for differences differences in isolation behavior. 159 159 experimental verification, These ideas ideas have been subjected sUbjected to experimental verification, corroborated that some individuals which has corroborated individuals tolerate tolerate such isolation isolation Rohrshach better than others. For example, example, two researchers, using the Rohrshach concluded that the Rohrshach manifestations prescreening, concluded Test for prescreening, manifestations of an individual's defense and control mechanisms appear to be a reliable measure measure for predicting whether whether an individual will be drive-dominated responses effective in controlling the drive-dominated responses that might effective reduced sensory emerge during the individual's period of reduced 160 stimulation. 160 Anecdotal reports in a similar vein appear appear from time to time in the literature. A subject of one study became panicky during during sensory "borderline deprivation and stated he had been diagnosed "borderline deprivation psychotic.,,161 psychotic." 161 Curtis and Zuckerman report on a psychotic paranoid reaction in one subject who suffered delusions for several days afterward, and severe anxiety and depression lasting several several weeks; 122 AM. 1. J. PSYCHIATRY PSYCHIATRY 774, Overview, 122 Isolation: An Overview, Experimental Isolation: 158. Leo Goldberger, Experimental 158. (1966). 777 (1966). 159. Id. Id. at 778 (footnotes omitted). 81, at at 37. supranote 81, al., supra 160. Wright et aI., 160. II" Greenblatt, Studies in Human Human Isolation Isolation II: 161. J. Freedman & Milton Greenblatt, 161. Sanford 1. J. 1479, 1479, 1486 1486 11 U.S. ARMED FORCES MED. 1. Findings, II Other Cognitive Cognitive Findings, and Other Hallucinationsand Hallucinations (1960). (1960). HeinOnline -- 22 Wash. U. J.L. & Pol'y 375 2006 376 Journal of Law & & Policy Policy [Vol. 22:325 prescreening had suggested poor adjustment, personality test prescreening insecurity 10 in interpersonal hostility, lack of insight, and insecurity 162 relationships. 162 Others prescreened prescreened forty-three subjects and identified identified seven as suffering "personality "personality deviations." deviations." Two of these subjects, who were diagnosed as borderline, developed frightening, aggressive fantasies, prematurely paranoia, and difficulty difficulty in reality reality testing; one of them prematurely paranoia, terminated the experiment. Two others were diagnosed diagnosed as psychopathic; psychopathic; both forced the premature premature termination termination of the 163 behavior. disruptive by experiment experiment behavior. 163 psychological test Others, using interview interview techniques techniques and formal psychological deprivation on on data, studied the effects effects of two to six days of sensory deprivation hospitalized previously nonhospitalized psychiatric patients. Among the previously psychotic patients patients they studied, two developed developed overt paranoid paranoid psychotic ultimately necessitating the experiment, psychoses during psychoses electroshock particular individuals individuals appeared appeared to have electroshock treatment. These particular aggressive fantasies and been unable to tolerate tolerate the emergence emergence of aggressive been 64 experience.' 164 deprivation experience. images during the sensory deprivation AntisocialPersonality Sensory Deprivation A. A. Effects of o/Sensory Deprivation on Antisocial Personality Disorder Disorder 1. Aversive Conditioning 1. Individuals Individuals with psychopathic psychopathic personality personality disorder are probably among the least tolerant of sensory deprivation. One researcher has psychopathic pathology as a described the essential core of psychopathic pathological inability tolerate restricted environmental stimulation: inability to tolerate pathological characterized as The psychopath psychopath is almost universally characterized .... [pathologically stimulus seeking and] highly impulsive .... [pathologically ... [H]is He is unable to tolerate routine and boredom. boredom.... outbursts outbursts frequently appear to be motivated by little more than excitement.... a need for thrills and excitement. ... Reaction Precipitated Precipitated PsychopathologicalReaction & Marvin 162. George C. Curtis 162. Curtis & Marvin Zuckerman, A A Psychopathological 255, 256 (1968). (1968). by Sensory Deprivation, Deprivation, 125 AM. J. PSYCHIATRY PSYCHIATRY 255,256 Personality, 116 al., Sensory Deprivation 163. 163. See Henry U. Grunebaum Grunebaum et aI., Deprivation and Personality, 116 AM. J. PSYCHIATRY (1960). PSYCHIATRY 878 (1960). PerceptualIsolation 164. See H. Azima & & Fern J. Cramer, Effects of oj Partial Partial Perceptual Isolation in Mentally Mentally SYS. 117 (1956). (1956). Disturbed Individuals, 17 DISEASES Disturbed Individuals, DISEASES NERVOUS NERVOUS SYS. HeinOnline -- 22 Wash. U. J.L. & Pol'y 376 2006 2006] 2006] Psychiatric Effects Effects of Solitary Solitary Confinement Confinement Psychiatric 377 It It is the impulsivity impulsivity and and lack of even even minimal minimal tolerance tolerance for for and sameness which which appear appear primary distinctive the primary to be sameness 165 features of the disorder. 165 goes on to argue argue that psychopathic psychopathic individuals individuals may may chronically chronically He goes stimulus deprivation: deprivation: "[H]ighly "[H]ighly impulsive, impulsive, state of relative stimulus exist in a state of stimulation-seeking stimulation-seeking psychopathic behavior behavior [may [may be be seen] seen] in terms terms of psychopathic pathology. If If decreased decreased reactivity reactivity and/or and/or rapid adaptation adaptation [to [to pathology. environmental environmental stimuli] stimuli] do produce produce in these persons persons an affective affective state produced by severe of unpleasantness severe sensory unpleasantness close to that produced deprivation or monotony in the normal normal individual individual .... 166 .... ,,166 He argues that behavioral behavioral impulsivity impulsivity in such individuals may be effort at coping with this condition condition of relative relative sensory sensory deprivation deprivation an effort ... to view much of the "It may be possible possible ... which they experience: experience: "It excitement and impulsivity of the psychopath, his need to create excitement and tolerate adventure, his thrill-seeking inability to tolerate thrill-seeking behavior, and his inability adventure, need routine and boredom boredom as a manifestation manifestation of an inordinate need for ' 167 stimulation." of pattern the in changes or increases changes pattern of stimulation." 167 increases A later study, directly directly comparing comparing psychopathic psychopathic inmates with nonpsychopathic corroborated these findings. The psychopathic psychopathic controls, corroborated psychopathic inmates scored significantly higher boredom higher on measures measures of boredom concluded that susceptibility and of impulsivity. The authors concluded susceptibility of psychopaths are pathologically pathologically 8stimulation seeking and incapable incapable of conditions. 16 168 tolerating isolation conditions. Others, in a large scale study of criminal offenders offenders suffering from from severe mental illness is mental illness, noted that the prevalence prevalence of severe incarcerated offenders than among the general higher among incarcerated population; and that, compared compared with non-mentally non-mentally ill inmates, the mentally ill inmates were more likely to be housed housed in solitary. Moreover many of these mentally ill inmates suffered from a Moreover combination of psychiatric disorders predisposing them to both psychotic breakdown including breakdown and to extreme impulsivity (often including supranote 58, at 80. 165. Quay, supra Id. at 182. 166. !d. 181. 167. Id. Id. at 181. Correlates to Emotional & Warren W. Webb, Subjective Correlates 168. See Timothy D. Emmons & Emotional Neurotics, 42 and Acting-Out Neurotics, Normals, and Seeking in Psychopaths, and Stimulation Responsivity and Stimulation Seeking Psychopaths, Normals, (1974). & CLINICAL PSYCHOL. 620 (1974). J. CONSULTING CONSULTING & HeinOnline -- 22 Wash. U. J.L. & Pol'y 377 2006 378 378 Journal of Law & & Policy [Vol. 22:325 substance abuse). Such individuals tended to be highly impulsive, substance lacking in internal controls, and tended to engage in self-abusive and self-destructive behavior self-destructive in the prison setting, and especially so when 169 housed in solitary. 169 Many of the inmates placed in solitary confinement confinement are thus likely experience, and among to be among the least capable of tolerating the experience, the most likely to suffer behavioral deterioration deterioration as a consequence of consequence of Solitary confinement confinement has at times been such confinement. Solitary conditioning," intended to rationalized as being a form of "aversive conditioning," extinguish negative inmate inmate behaviors. Yet this assertion assertion ignores many of the most basic tenets of any behavior modification treatment, and would in any case clearly violate the ethical guidelines guidelines governing the use of aversive conditioning: a. Ethical Considerations Considerations conditioning-the use of punishment as First of all, since aversive conditioning-the a means of inducing behavior inducing behavior change-is change-is inherently inherently suspect ethically ethically clear outcome variables and creates an inherent inherent risk of harm, very clear have to be articulated systematically measured articulated and systematically measured over time. As a result of these serial measurements, evidence that measurements, there must be clear evidence the undesirable undesirable behavior behavior is in fact lessening lessening in frequency frequency and and intensity. Such Such measurement measurement will also identify those patients patients for whom such aversive conditioning is actually aversive conditioning actually harmful, allowing these these individuals individuals to be removed from the aversive aversive treatment treatment protocol. Were such measurements measurements done in the prison setting, setting, staff staff would inevitably inevitably be required to acknowledge acknowledge the behavioral behavioral deterioration deterioration which many many inmates were suffering suffering as a result of placement in solitary, and in considerations would have such cases, ethical ethical considerations have required required transferring transferring the the inmate inmate out of such confinement. b. SHU SHU Incarceration Incarceration is not Aversive Aversive Conditioning Conditioning SHU SHU incarceration incarceration does not meet meet criteria criteria for aversive aversive conditioning. conditioning. Indeed, Indeed, any behavior behavior modification modification scheme scheme must define and describe describe very explicitly explicitly two two variables: 169. Curtis 169. Curtis & Zuckerman, Zuckerman, supra supra note note 162, 162, at 271-72. 271-72. HeinOnline -- 22 Wash. U. J.L. & Pol'y 378 2006 2006] 2006] Psychiatric Effects Effects of of Solitary Solitary Confinement Confinement Psychiatric 379 379 (i) The The behavior behavior being being changed: changed: Behavior Behavior researchers researchers have have learned learned that that in in order order for a subject subject to benefit from aversive aversive (or any other other form form of) conditioning, conditioning, the the benefit behavior at issue issue must must be a single, single, very very clearly clearly defined defined behavior. behavior. behavior by the same same reinforcer reinforcer or or multiple behaviors behaviors are responded responded to by When multiple punishment, learning learning and and behavior behavior change change does not occur. Thus, Thus, punishment, different placement in SHU, which which is "punishment" "punishment" for a host of different placement with an consistent behaviors, is simply not being used in a manner consistent an manner being simply behaviors, any of inadequate linkage modification; there there is inadequate linkage intent of behavior modification; specific behavior behavior to this "punishment." "punishment." specific (ii) The "punishment": "punishment": (ii) Moreover, Moreover, SHU SHU confinement confinement is quite clearly clearly not "punishment." "punishment." "punishment" must be very closely linked To be effective, effective, a "punishment" linked in time to the targeted targeted behavior, and for learning learning to occur, there must be be experience this close close link between the target target opportunities to experience repeated opportunities "punishment" must be brief brief behavior and the punishment. Thus, the "punishment" behavior and immediate. For example, example, a mild but painful electric electric shock or a sudden sudden very loud noise would be ideal punishments in aversive conditioning. seclusion room to Occasionally outs," the brief use of a seclusion Occasionally "time outs," aversive quickly control disruptive behavior, are used as part of an aversive conditioning conditioning program. But when this technique is employed, it is used very quickly and for a very brief period of time-in order for the "time "time out" to work as a behavior modifier, there must be very clear alternative behaviors which, when manifested, will immediately end the "time out." For any behavior modification scheme to work then, there must always be an exquisitely close relationship between behavior and response. Indeterminate or prolonged sentencing to solitary simply has nothing to do with aversive conditioning. HeinOnline -- 22 Wash. U. J.L. & Pol'y 379 2006 380 & Policy Journal of Law & [Vol. 22:325 [Vol. APPENDIX D: APPENDIXD: REPORTS OF THE LONG-TERM LONG-TERM EFFECTS OF SOLITARY CONFINEMENT CONFINEMENT REpORTS IN FORMER FORMER POLITICAL PRISONERS AND IN PRISONERS PRISONERS OF WAR: SOLITARY CONFINEMENT "BRAIN WASHING" WASHING" AND SOLITARY CONFINEMENT AS A MEANS OF "BRAIN "INDOCTRINATING" "INDOCTRINATING" Although concerns concerns about the psychiatric psychiatric effects of solitary confinement confinement among prisoners prisoners of war were raised in the medical literature at least as early as post-World post-World War II, this issue reached reached "brain massive public public exposure only after the fearful news of "brain washing" among American prisoners of war in Korea. As is well washing" known, the 1950's were an era of tremendous fear of Communism and of the attempts by communist states to "indoctrinate" "indoctrinate" people into their ideology. As noted in the body of this article, in the 1950s the Central Intelligence Intelligence United States Department of Defense and the Central Agency Agency sponsored sponsored a great deal of research research on these issues. The results of extensive research done for the Department Department of Defense Defense 70 were The paper documented documented interrogation interrogation were subsequently subsequently published. 170 techniques of regard to the incarceration incarceration of techniques of the Soviet KGB in regard political prisoners, and the Chinese communists' of political communists' imprisonment imprisonment of American American prisoners of war war in Korea. The report indicated that the KGB operated operated detention prisons, report indicated many .. well built and spotlessly clean ... which were "modern "modem .... ... many of which [with] attached medical facilities and rooms for the care care of sick sick detainees. facility."''171 Incarceration Incarceration in exercise yard is a standard standard facility." detainees. An exercise these prisons is almost universally in solitary confinement, universally solitary confinement, in a cell approximately ten 172 "An almost invariable approximately feet by six feet in size. size.172 invariable feature under detention of the the management management of any important suspect suspect detention feature of 173 is a period of total total isolation isolation in in aa detention detention cell."' cell." 173 period of This isolation isolation was seen seen as a central central feature of of the imprisonment: imprisonment: "The in the the isolation cell are "The effects effects upon prisoners of the regimen in 170. 171. 171. 172. 173. 173. HINKLE HINKLE & WOLFF, WOLFF, supra supra note 65. 65. Id. 125. Jd. at 125. Id. Id. Id. Id. at 126. HeinOnline -- 22 Wash. U. J.L. & Pol'y 380 2006 2006] 2006] Psychiatric Effects Effects of Solitary Solitary Confinement Confinement Psychiatric 381 experience is isolation.... striking .... A A major aspect aspect of of this prison experience isolation .... striking.... cells] [h]is [h]is internal internal as well as external external life life is disrupted" disrupted" and [In the cells] which might almost almost "he develops a predictable predictable group group symptoms, which "he develops 174 of symptoms, syndrome.' 'disease be calIed 'disease syndrome. '" 174 called be syndrome develops develops over time: This syndrome He becomes becomes increasingly increasingly anxious anxious and restless, and his sleep is He disturbed .... disturbed.... The period of anxiety, anxiety, hyperactivity, hyperactivity, and apparent apparent adjustment to the isolation routine routine usually continues from one adjustment to three weeks. As it continues, continues, the prisoner becomes becomes increasingly increasingly dejected and dependent. He gradually gradually gives up all spontaneous activity spontaneous activity within his cell and ceases to care care about personal personal appearance appearance and actions. Finally, he sits and stares stares with a vacant expression, perhaps perhaps endlessly twisting a button button on his coat. He allows allows himself to become become dirty and through the motions of his prison prison disheveled. . .. He goes through disheveled.... ...Ultimately if he were in a daze. routine daze .... Ultimately he routine automatically, automatically, as ifhe ordinary behavior. He seems to lose many many of the restraints restraints of ordinary ....It usually takes may soil himself. himself. He weeps; he mutters mutters .... to produce this phenomenon from four to six weeks phenomenon in a newly newly 75 man. 1 175 imprisoned man. Addressing Addressing the emotional impact impact on prisoners of such confinement, the report noted that: His sleep is disturbed by nightmares. Ultimately Ultimately he may reach depression in which he ceases to care about his a state state of depression personal appearance appearance and behavior behavior and pays little attention to may have illusory state the prisoner In this his surroundings. surroundings. prisoner ·may experiences. A distant sound in the corridor sounds like someone calling his name. The rattle of a footstep may be interpreted as a key in the lock opening the cell. interpreted Id.at 127. 127. 174. Jd. 128. Id.at 128. 175. Jd. HeinOnline -- 22 Wash. U. J.L. & Pol'y 381 2006 Journal of Law & & Policy 382 [Vol. 22:325 Some prisoners prisoners may become delirious and have visual 176 176 hallucinations. hallucinations. However, the report also notes that each individual may respond respond differently: Not all men who first experience total isolation react in differently: precisely this manner. In some, these symptoms are less conspicuous. In others, dejection and utter despondence despondence set in earlier, or later. Still others, and especially those with pre-existing personality 77 psychotic. 1177 frankly psychotic. disturbances, disturbances, may become frankly The authors of this report note that the procedures in the Chinese detention camps camps are somewhat somewhat more complex. complex. Prisoners there underwent an initial period of isolation similar to that found in the 178 In the second phase, however however they were housed in Soviet prisons. 178 comprising extremely tight quarters within "group "group cells" cells" compnsmg approximately eight prisoners. 179 179 Under the tensions and hostilities approximately created in this environment, environment, brutality of prisoners by other prisoners was almost inevitable and was, according apparently according to the authors, apparently 180 confinement. 180 cell" "group this of result intended an "group cell" confinement. There are many long-term long-term studies of American American prisoners of war; unfortunately, unfortunately, the factor of solitary confinement has not generally generally been separated separated out in these studies. However, one relatively recent described long-term effects prisoners of war described study of Korean prisoners including interpersonal withdrawal and suspiciousness, confusion, including interpersonal chronic chronic depression, and apathy toward environmental environmental stimuli. Irritability, psychosomatic Irritability, restlessness, cognitive impairment, and psychosomatic ailments were extremely common common in the group, most of whom had suffered incarceration in solitary confinement confinement at the hands suffered periods of incarceration of the Chinese. This report also included a case case report of one individual conditions of solitary confinement confinement for individual exposed exposed to harsh conditions more than sixteen months; thirty years after release, he continued suffering suffering sleep disturbances, disturbances, nightmares, fearfulness, fearfulness, interpersonal suspicion suspicion and withdrawal, severe severe anxiety, and severe depression. These former prisoners also had psychosomatic psychosomatic ailments including including 176. 176. 177. 177. 178. 179. 180. Id. [d. Id. at at 129. [d. Id.at 153. 153. [d. Id. at 156. [d. Id. at 159. [d. HeinOnline -- 22 Wash. U. J.L. & Pol'y 382 2006 2006] Confinement Psychiatric Effects of Solitary Confinement 383 gastrointestinal disturbances, chronic chronic headaches, and obsessive obsessive gastrointestinal disturbances, cognitively ruminations. They tended to become become confused and thus cognitively 81 explosive.' 181 and explosive. volatile and emotionally volatile impaired and were emotionally In former prisoners of war in the Korean conflict, approximately approximately forty years after their release from confinement, confinement, solitary confinement confinement was cited as one of the severe severe stressors stressors in this group. These former former prisoners demonstrated persistent anxiety, psychosomatic prisoners demonstrated psychosomatic ailments, ailments, suspiciousness, confusion, and depression. They tended to be estranged and detached from social interaction, interaction, suffered suffered from from obsessional ruminations, and tended to become become confused and cognitively concentration difficulties cognitively impaired, suffering memory memory and concentration 82 on performance cognitive their affected which performance on formal formal testing.' testing. 182 181. See Patricia B. Sutker et aI., al., Cognitive 181. Cognitive Deficits and Psychopathology Psychopathology Among Among Former Former Prisoners War and and Combat Veterans of the Korean Korean Conflict, Conflict, 148 AM. J. PSYCHIATRY PSYCHIATRY 67 Combat Veterans 67 Prisoners of War (1991). (1991). Id. at 68. 182. Id. HeinOnline -- 22 Wash. U. J.L. & Pol'y 383 2006 HeinOnline -- 22 Wash. U. J.L. & Pol'y 384 2006