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Arguments Against Super Max

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It is unlikely that politicians would willingly transition out of super-max. Prisoners' rights are never a high priority for obvious reasons. Supporting less secure prisons would be viewed as being weak on crime, especially when considering the notoriety of some of these prisoners. For example, dozens of domestic and foreign terrorists call Florence federal super-max home, like the Boston Marathon bomber, Unabomber, Ramzi Yousef, and Zacharias Moussaoui. No politician wants to put his face anywhere near expanding the rights and protections for people like that. In addition, the politicians' hesitancy would be fully backed by public opinion, which generally favors better security over prisoners' rights. This is part of the reason why closing Guantanamo Bay …show more content…
The prisoners' lawyers will draw comparisons between super-max confinement and the death penalty, which has been abolished by 18 states and DC (McConnaughey 2010). The Constitution bars capital punishment for crimes committed by minors. So, it could be argued that solitary confinement amounts to constructive capital punishment, and super-max involves a disproportionate amount of mental illness; thus, it would be cruel and inhumane to indefinitely confine mentally ill people in complete isolation with minimal human interaction (Lobell 2008). Even if the inmates are not mentally ill when entering a super-max facility, they could very well start suffering issues after years in total solitude (Baumgartner 2011). Besides the 8th Amendment's protection against "cruel and unusual punishment", the international law strongly opposes the type of treatment inherent to super-max facilities (Lobel 2008). According to the New York Bar Association, prolonged and indefinite super-max confinement violates the International Covenant on Human Rights, Article 7 (Committee on International Human Rights

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