Guantánamo does not exist:Simulation and the production of ‘the real’ Global War on Terror

Joint Task Force (JTF) Guantánamo, the high-profile US military detention and inter- rogation operation, was established in January 2002 to house the ‘worst of the worst’ of al-Qaeda and the Taliban. It nevertheless became a public spectacle that was essen- tial for constituting the reality of a Global War on Terror. Through evolving media and VIP tours of the facilities coupled with the Bush administration’s military analyst programme (a system of reverse embeds used to promote Pentagon messages within the U.S. media), Guantánamo became a simulation essential for producing the real- ity of the war. It became a key way to convince the public that the war was real and necessary, but also that its conduct was just and humane, and therefore, by exten- sion, that the United States can be understood as ‘good’. Through a triple screen of the tours, the visitors and their mediation, the telegenic spectacle of Guantánamo was transmuted into a reality of Guantánamo as ‘safe, humane, legal and transparent’. The importance of this for producing understandings of the Global War on Terrorism (GWoT) bears closer examination. Without this triple screen, Guantánamo does not exist

Lonely Too Long: Redefining and Reforming Juvenile Solitary Confinement

Solitary confinement is a frequently used penal tool in all fifty states against all types of offenders. However, since its development in the 1800s, solitary confinement has been found to have damaging psychological effects. Juvenile inmates in particular suffer the greatest psychological damage from solitary confinement because their brains are still in a developmental state. This has led many to propose various reforms that would either end or limit the use of solitary confinement for those under the age of eighteen. However, new neurological studies on brain development show that inmates between the ages of eighteen and twenty-five also suffer similar psychological harms and therefore should be included in these reforms. Pulling from these new neurological studies, this Note proposes federal legislation that would limit the use of solitary confinement for inmates under the age of twenty-five

Boxed In: The True Cost of Extreme Isolation in New York's Prisons

The NYCLU set out to investigate New York's use of extreme isolation. We explored the history that led to the emergence and expansion of the practice in New York. We asked who New York subjects to extreme isolation, for what reasons, and for how long. We sought to understand and articulate its effects on prisoners and their families, as well as an often-overlooked population -- the corrections staff assigned to watch them. We compared New York's use of extreme isolation with practices in other states and asked if the widespread use of the practice violates legal standards. Finally, we considered how reforming the use of extreme isolation would affect the safety of New York's prisons and communities.In order to answer these questions, the NYCLU conducted an intensive year-long investigation. We communicated with more than 100 prisoners who have spent significant amounts of time -- in one case, more than 20 years -- inside a SHU cell. We interviewed family members and corrections staff. We consulted corrections experts, mental health professionals, lawyers and academics. We read decades of DOCCS reports and press coverage recounting the history of New York's SHU expansion. We researched the scientific and academic literature regarding the use and effects of extreme isolation. We studied domestic and international legal standards governing extreme isolation and the steps undertaken by other states to reform their use of the practice. Finally, we reviewed DOCCS' internal regulations and policies and analyzed thousands of pages of official DOCCS records obtained through New York's open records laws

Captured by the camera's eye: Guantanamo and the shifting frame of the Global War on Terror

In January 2002, images of the detention of prisoners held at US Naval Station Guantanamo Bay as part of the Global War on Terrorism were released by the US Department of Defense, a public relations move that Secretary of Defense Donald Rumsfeld later referred to as ‘probably unfortunate’. These images, widely reproduced in the media, quickly came to symbolise the facility and the practices at work there. Nine years on, the images of orange-clad ‘detainees’ – the ‘orange series’ – remain a powerful symbol of US military practices and play a significant role in the resistance to the site. However, as the site has evolved, so too has its visual representation. Official images of these new facilities not only document this evolution but work to constitute, through a careful (re)framing (literal and figurative), a new (re)presentation of the site, and therefore the identities of those involved. The new series of images not only (re)inscribes the identities of detainees as dangerous but, more importantly, work to constitute the US State as humane and modern. These images are part of a broader effort by the US administration to resituate its image, and remind us, as IR scholars, to look at the diverse set of practices (beyond simply spoken language) to understand the complexity of international politic

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The Hate Factory: A Glimpse into the Effects of the Prison Gang Subculture on Non-Violent Offenders

In an effort to ascertain ways to combat the indoctrination of non-violent, low-level offenders into prison gangs, this study looks at a synthesis of previous research on gang management strategies in conjunction with interviews given to a select group of Southern Illinois prison administrators. It is concluded that the best way to keep these vulnerable offenders away from the influence of prison gangs is to quickly separate the two groups as best as possible. This study is admittedly modest in scope, but the findings are couched within current literature looking to determine effective ways to combat the spread of prison gang propaganda and provides a relatively useful framework for future studies on the subject

Unlocking the Courthouse Door: Removing the Barrier of the PLRA’s Physical Injury Requirement to Permit Meaningful Judicial Oversight of Abuses in Supermax Prisons and Isolation Units

In recent years the number of inmates held in isolation in American prisons has increased dramatically. At the same serious abuses have occurred in these isolation units. These abuses, which include subjecting inmates to degrading, humiliating and unnecessary suffering, often do not cause physical injury. Even though constitutional rights are violated by these acts, federal courts have often failed to provide relief to victims of these abuses. The reason is that the Prison Litigation Reform Act (PLRA) deprives federal courts of the ability to provide relief from degrading and even torturous behavior if there is not physical injury. This article calls for the repeal or reform of the physical injury requirement of the PLRA so that the ability of federal courts to provide meaningful remedies for violations of the United States Constitution can be restored

Dying Twice: Incarceration on Death Row

Dying Twice is an important report. The work is a collaboration between the Corrections Committee of the Association of the Bar of the City of New York, which I chaired, and the Committee on Capital Punishment of the Association chaired by Norman Greene. The working group that researched and wrote the report was drawn from members of both committees. The attorneys and the physician who served on the committee are wonderful, talented, dedicated people. It was a pleasure to work with professionals of this caliber on such an important effort. Dying Twice was endorsed as the position of the Association of the Bar of the City of New York, one of the largest and most prestigious bar associations in the nation with a long history of efforts at government reform