Political Gabfest Gabfest Reads | The Recent Past of Prison Punishment
Sep 20, 2025
Judith Resnik, a Yale Law Professor and author of *Impermissible Punishments*, delves into the evolution of prison punishment in a thought-provoking discussion. She explores the chilling history of practices like whipping and the legal strides made to protect prisoners' rights. The conversation highlights modern challenges in correctional facilities, such as staff shortages and mental health issues, while also emphasizing pathways to reform for a more humane system. Resnik's insights shed light on the intersection of law, history, and democracy.
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Arkansas Whipping Case Sparks Reform
- Winston Talley and other Arkansas prisoners sued to stop routine whipping for failing at forced farm labor.
- Judge Harry Blackmun later ruled whipping impermissible after several conflicting lower-court rulings.
First Categorical Ban In U.S. Prisons
- Blackmun’s opinion drew a clear constitutional line against whipping while leaving other harsh practices untouched.
- This marked the first U.S. categorical ban of a prison discipline method, not an easy or complete victory.
Solitary’s Grotesque Reality
- Resnik recounts the bizarre reality of solitary confinement where people live decades unable to move or see far.
- She compares this to the shock of whipping, urging readers to see prison itself as an invented, reformable institution.
