SOC301H5 Lecture Notes - Lecture 4: Solitary Confinement, Risk Aversion, Penology
Document Summary
Administrative segregation/solitary confinement case law: not punishment name it a thing that"s not controversial judicial deference, bacon (bc) 2010. The very person that the charter should protect, ensure protection even in worse crimes: lots of evidence on impact. Court accepted lots of evidence of solitary confinement agreeing about negative impact on the individual: no deference to correctional decision-making. Didn"t give them a thing you needed to do to make person safe and secure. Challenge a pre-trial detention (cruel and unusual punishment: palmantier (nwt) 2014. Staff could always have hypotheticals to justify deprivation. Provide some oversight for ensuring rights are not deprived arbitrarily. How can we expect a person to behave in as respectful and civilized manner when the state subject the person to inhumane and uncivilized conditions . Yes, the institution is worried about managing risk, it"s risk management (reference to nicole myers" article concern for how it"s perceived risk aversion)
