What happens to people in solitary confinement | Laura Rovner

197,756 views ・ 2019-11-27

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The drive through the world's most secure prison is beautiful.
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The federal government's only supermax prison, known as ADX,
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is 90 miles south of Denver.
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Standing outside the building,
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ADX looks like a newish suburban middle school.
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(Laughter)
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The lobby is clean and bright;
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there's big windows and clear views of the mountains;
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and a polite front-desk attendant with a kiosk selling travel mugs.
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(Laughter)
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On the wall is a large plaque that reads,
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"The best prize that life offers is the chance to work hard
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at work worth doing."
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Just past it is a huge framed photo of Alcatraz.
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And down the stairs, at the end of a long hallway,
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are 400 men decaying in isolation cells.
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I work on cases involving the constitutional rights of prisoners.
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Now, people have differing views about prisoners' rights.
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But there's something more people can agree on:
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torture.
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The US government says it doesn't use torture,
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and we condemn other countries, like Iran and North Korea,
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for their use of torture.
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But some people think the so-called worst of the worst deserve it:
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terrorists, mass murderers, the really "bad" people.
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Now I personally believe that no one deserves to be tortured
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by the US government.
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But that's me.
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(Applause)
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No matter where you fall,
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there's a few things I need you to understand
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before I continue.
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First, we do torture people here in America,
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tens of thousands of them every day.
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It's called solitary confinement.
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It's done in our names, using our tax dollars,
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behind closed doors.
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And as a result,
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we're undermining the core values of our justice system.
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Built with state-of-the-art technology,
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ADX has nearly perfected solitary confinement.
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Each man spends 23 hours a day
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alone in a cell the size of a small bathroom.
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Virtually every aspect of his life occurs in that cell.
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But aside from sleeping and eating,
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which he does within an arm's reach of his toilet,
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there aren't many aspects of life.
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Correctional officers push food trays through slots in the doors
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and take the men to solitary exercise cages
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that are referred to by prisoners and staff alike,
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without irony, as dog runs.
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Other than that,
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these men are locked in cement closets,
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all day, every day.
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Two steps forward, two steps back.
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That's it.
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They can't see the nearby mountains or any trees --
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"nothing living, not so much as a blade of grass,"
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is how one man in ADX described it.
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Some people report that after years of not looking at anything
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further than 10 feet away,
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their eyesight has deteriorated so much
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that they can't focus on faraway objects anymore.
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The isolation is so deep and profound
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that one of our clients would lie on the floor of his cell for hours,
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just hoping to catch a glimpse of someone's feet
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as they walked past the door of his cell.
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Another befriended a wasp that flew into his cell,
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feeding it and talking to it like a friend.
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Some try to communicate with fellow prisoners
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by yelling through the shower drains.
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Still though, many of these men lost their voices
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after talking with us for just an hour.
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Their vocal cords were out of practice speaking for that long.
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We know the impact of long-term isolation is devastating.
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This borders on common sense.
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It's why harsh prison systems and torture regimes
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routinely use solitary as a form of severe punishment.
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And why none of us would tolerate having a loved one,
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like a parent or a child,
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locked alone in a small bathroom for days, let alone years.
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Or decades.
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In the course of representing that first client at ADX,
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we learned about another man, Tommy Silverstein,
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who the Federal Bureau of Prisons put in solitary confinement
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under a "no human contact" order in 1983,
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after he killed a corrections officer.
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Tommy was 31 years old.
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Now he's 66.
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He's been in solitary confinement for 35 years.
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Struggling to find the words to capture his experience of ADX,
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Tommy, who has become an accomplished artist,
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drew it instead.
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Unless we start to change how we treat prisoners in this country,
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he'll probably be there for the rest of his life.
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Both John McCain and Nelson Mandela
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said that of all the horrors they suffered in prison,
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solitary confinement was the worst.
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That's because solitary puts people at risk
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of losing their grasp on who they are,
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of how and whether they're connected to a larger world.
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As psychologist Dr. Craig Haney explains,
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that's because human identity is socially created.
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We understand ourselves through our relationships with other people.
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Solitary confinement can make you change what you think about yourself.
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It can make you doubt whether you even have a self.
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Some people in solitary aren't even sure they exist,
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so they'll mouth off to a corrections officer
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and end up getting shackled or beaten.
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But at least then, they know they exist.
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Over time, some of the men in ADX break down in obvious ways,
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like banging their heads on the walls of their cells
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or smearing themselves with feces.
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Or attempting suicide, some of them successfully.
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Many people cut themselves
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just to feel the pain that keeps them tethered to the real world.
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Others adjust,
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showing no outward sign of mental illness.
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But there's grave harm in the adjustment itself.
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That's because the experience of long-term isolation
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can paradoxically lead to social withdrawal.
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At first, people are starved for human contact,
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but over time,
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it becomes disorienting, even frightening.
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They can't handle it anymore.
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All of this amounts to a prolonged social death.
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The men in ADX are stuck in suspended animation.
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Not really part of this world,
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they're not really part of any world that's fully and tangibly human.
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It's for all of these reasons that international human rights law
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prohibits the use of long-term solitary confinement.
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In fact, the UN has called on governments to ban the use of solitary
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for more than 15 days.
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As of today,
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Tommy Silverstein has been in solitary for 12,815 days.
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Now in judging other countries' human rights records,
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the US State Department has called the use of long-term solitary
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a human rights violation.
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In 2009, for example,
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State Department condemned Israel, Iran, Indonesia and Yemen
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for their use of solitary.
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But we allow it to happen on our own soil.
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When a prison is located in the US instead of China,
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when it's run by the federal government and not some rogue sheriff,
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when it has state-of-the-art technology and gleaming floors,
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not overcrowded cells and decrepit facilities,
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it's harder to believe that torture happens there.
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But it's important to entertain the idea that, sometimes, this too
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is what torture looks like.
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As a civil rights lawyer,
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I believe it's important to ensure that people,
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even those convicted of terrible crimes,
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aren't tortured by our government.
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And if this talk were a movie,
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I'd tell you next about how we fought and fought and eventually won.
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But this isn't a movie.
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So I'll tell you, instead, about how deeply this injustice is hidden.
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How difficult it is to expose it,
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and why it's important that we do.
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You'd think that lawyers, people who work in the justice system,
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would know what happens in our prisons.
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But I'm a lawyer, and I live less than two hours away from ADX.
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And until we went to see that first client,
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I didn't know anything about it.
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I don't think that's an accident.
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ADX walls itself off from public scrutiny.
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In the 25 years since it opened,
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it's allowed only a single visit by human rights organizations.
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Journalists are routinely denied entry.
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Mail is censored.
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And even when rare family visits occur,
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they're monitored by an unseen government official
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who can cut the visit off without notice
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if he thinks that the prisoner is talking in too much detail
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about the conditions in ADX.
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In China, in Russia, they keep out the human rights observers,
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keep out the media, keep out the UN.
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And so do we.
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ADX is, in the words of one journalist,
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"a black site on American soil."
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We know that secrecy is a hallmark of places that torture.
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But after years of shining a light,
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we now know more about the conditions in Guantanamo
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than we do at ADX.
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Five years ago,
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when there was a hunger strike and force-feeding at Guantanamo,
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the same thing was happening at ADX.
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But you probably didn't hear about it
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because the government gagged family members and lawyers
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from talking about it.
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But here's the thing:
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the American criminal justice system is supposed to be transparent.
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And before someone gets sent to prison,
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that's largely true.
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Legislators meet in public to debate and define the laws
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that prohibit criminal conduct.
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Citizens in our community serve as jurors on criminal trials.
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And if you want to watch a trial,
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the courtroom doors are wide open.
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After the trial, though, our commitment to transparency ends.
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With the prison door securely shut,
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what happens behind prison walls
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stays behind prison walls.
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And without the scrutiny of the public gaze,
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the darkness festers.
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Other than execution,
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incarceration is the most intrusive power of the state:
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the deprivation of citizens' liberty.
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But no government institution
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is more opaque and less accountable than prison.
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Even though prisons are supported by tax payers
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and return 95 percent of their residents to our communities.
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It's that secrecy that allows the ADX to disappear people.
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And so we have an obligation, said Justice Kennedy,
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as a democracy and as a people,
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"we should know what happens after the prisoner is taken away."
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The prison system is the concern and responsibility of every citizen.
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This is your justice system.
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These are your prisons.
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Torture happens in the dark.
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And so we need to embrace the admonition that sunlight is the best disinfectant.
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Not only because we need to know what happens inside ADX,
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but because the knowing itself can create change.
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There's an axiom in physics called the uncertainty principle.
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It teaches that the mere fact of observation
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can alter, will alter,
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the subatomic reaction being observed.
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In other words,
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watching something affects its course.
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In a democracy like the US,
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prisons are administered in our name and on our behalf.
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The conditions in ADX implicate our tax dollars,
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public safety
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and, most of all,
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our shared belief in the inherent dignity of every human being.
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We have an obligation to bear witness.
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Thank you.
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(Applause)
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