DAMODARAM SANJEEVAYYA NATIONAL LAW UNIVERSITY,

SABBAVARAM, VISHAKAPATNAM, A.P, INDIA

PROJECT TITLE: Legal analysis of the movie “ Murder in the First”

SUBJECT: LEGAL METHODS

NAME OF THE FACULTY: PROF. Soma. B

Name of the Candidates: Y. Vinay and D. Sai Siddi Srikhar

Roll No’s: 18LLB096 and 18LLB027

Semester: 1
ACKNOWLEDGEMENT
Introduction:

“Murder in the first “ is a story about one of the most infamous prison in the world, Alcatraz and
a statement about the American system of justice. The idea that criminals who commit horrific
crimes should be locked up and forgotten is appealing, but people who profound such ideas
usually do not allow for error.

The plot of the movie is based on a true story which appearently led to the closing of the
Alcatraz. Henri Young is charged with committing a federal crime when he steals 5$ to feed his
younger sister from a store which doubled for a post office. Later during the imprisonment, henri
Young tries to escape the prison. Young, then spends time in the solitary confinement due to his
escape attempt with another inmate who later trades security in exchange for testifying against
Young.

Young, after serving his term of confinement for 3 years which was supposed to be for 19 days,
loses his sane of mind and kills the other inmate due to the provoking of an inmate.

James Stamphill is given the first case to defend the Young on murder charge. When everyone
expects Young to be sent to the gas chamber for his crime. Stamphill puts the Alcatraz prison
and warden in the trail. Stamphill in the trial proves Alcatraz is to blame and that Henry should
not be executed.

Objective of Study:

i. The objective of the study is to understand why solitary confinement is not suitable as
a punishment.
ii. The objective also focuses on analyzing the impact n the prisoner’s life due to the
solitary confinement.

Research Questions:

i. Whether solitary confinement must be prevailing as a punishment?

ii. Whether the impact of morality play a key role in the meaning and defining justice?
Literature Review :

The story of the movie can also be found in the previously released book in 1994 “ Murder in the
f

Research Methodolgy:

i. The Nature of study : The socio legal research involves historical study as it goes
back to 1930’s and a descriptive study is followed. The methodology also includes
explanatory and analytical study.
ii. The sources of study :
i. Primary Sources : The movie “ Murder in the first” directed by Marc Rocco in
the year 1995 and “ Murder in the first” written by Dan Gordon published in
the year 1994.
ii. Secondary sources : “ Hell in a very small space”, Document on solitary
confinement by NATIONAL RELIGIOUS CAMPAIGN AGAINST
TORTURE, “ Hell is a very small space” – Voices from solitary confinement
written by Jean Casella, published in the year 2016.

Scope of the study :

i. The scope of the project focuses on the area of the solitary confinement,
psychological conditional problems during and after the confinement.
ii. The scope also focuses till the extent of the influence of morality on justice. The
scope also focuses on the confinement in the U.S in the present era.

Significance of the Study :

Through this study, one can understand that solitary confinement cannot be the punishment
suitable in the present day of mankind.

This study signifies how morality can also define justice.

TABLE OF CONTENTS
The Movie :
This movie shows the different effects of solitary confinement to a person. It detailedly explains
the psychological changes and many more effects when a person undergoes
solicitary confinement for an unreasonable period of time.17-year-old orphan, Henri Young
(Kevin Bacon), steals $5.00 from a grocery store to feed himself and his little sister, both of
whom are destitute. He is caught by the store clerk, and his sister is sent to an orphanage.
Because that grocery store also housed a U.S. Post Office his crime becomes a federal offense.
Young never sees his sister again and is sentenced to Leavenworth Penitentiary, Kansas. After
later being transferred to Alcatraz, he participates in an escape attempt with two other prisoners.

The escape plan fails due to the cheating of a fellow inmate, Rufus McCain. Young is punished
by being sent to "the hole" which is in Alcatraz's dungeons. Except for 30 minutes on Christmas
Day in 1940, he is left in there for three years. The solitary confinement causes Young to lose his
sanity. On release back to the general population, he experiences a psychotic episode in the
prison cafeteria and attacks McCain, stabbing him to death with a spoon in full view of the
prison staff and the other convicts.

Young is put on trial in San Francisco for first degree murder in what prosecutors and the public
defender's office believe is an open-and-shut case. Public defender James Stamphill (Christian
Slater), a recent graduate of Harvard Law School, is given the case. After discovering the facts of
Young's case, Stamphill attempts to put Alcatraz on trial by alleging that its harsh conditions
drove him insane. The trial becomes highly politicized and contentious. Eventually Young is
convicted of involuntary manslaughter, not first degree murder. He is returned to Alcatraz where
he subsequently dies. The film concludes with ″The Rock's″ associate warden Milton Glenn
being convicted for mistreatment and banned from working in the US penal system.
Legal Aspects mentioned in the Movie :
First degree Murder :
First-degree murder is defined as an unlawful killing that is both willful and premeditated,
meaning that it was committed after planning or "lying in wait" for the victim.

The Elements of First Degree Murder

State laws categorizing murders into first, second and possibly third degrees generally require
that first degree murders include three basic elements

1. Willfulness;
2. Deliberation; and
3. Premeditation.

Intent

In terms of willfulness, first degree murderers must have the specific intent to end a human
life. This intent does not necessarily have to correspond to the actual victim. A murder in
which the killer intends to kill but kills the wrong person or a random person would still
constitute first degree murder. Furthermore, under many state laws, killing through action
showing a depraved indifference to human life can qualify as murder in the first degree.

Deliberation and Premeditation

Whether a killer acted with the deliberation and premeditation required for first degree
murder can only be determined on a case by case basis. The need for deliberation and
premeditation does not mean that the perpetrator must contemplate at length or plan far ahead
of the murder. Time enough to form the conscious intent to kill and then act on it after
enough time for a reasonable person to second guess the decision typically suffices. While
this can happen very quickly, deliberation and premeditation must occur before, and not at
the same time as, the act of killing.

Some states also require "malice aforethought" as an element.

"Malice Aforethought"

Under many state laws, perpetrators of first degree murder must have acted with malice or
"malice aforethought." Malice generally includes an evil disposition or purpose and an
indifference to human life. States treat the concept of "malice" differently. Under some laws,
malice aforethought essentially means the same thing as acting with a premeditated intent to kill
or extreme indifference to human life.

Involuntary Manslaughter :
Involuntary manslaughter usually refers to an unintentional killing that results from recklessness
or criminal negligence, or from an unlawful act that is a misdemeanor or low-level felony. The
usual distinction from voluntary manslaughter is that involuntary manslaughter is a crime in
which the victim's death is unintended.

Elements of the Offense

Three elements must be satisfied in order for someone to be found guilty of involuntary
manslaughter:

1. Someone was killed as a result of the defendant's actions.

2. The act either was inherently dangerous to others or done with reckless disregard for
human life.
3. The defendant knew or should have known his or her conduct was a threat to the lives of
others.

SOLITARY CONFINEMENT :

Solitary confinement is the practice of isolating people in closed cells for 22-24 hours a day,
virtually free of human contact, for periods of time ranging from days to decades. Incarcerated
men and women can be placed in complete isolation for months or years not only for violent acts
but for possessing contraband, testing positive for drugs, ignoring orders or using profanity.
Others have ended up in solitary confinement because they have untreated mental illnesses, are
children in need of “protection”, are gay or transgender, are Muslim, because of their political
beliefs, or have reported rape or abuse by prison officials.

Terms in solitary confinement are based on charges that are levied, adjudicated and enforced by
prison officials with little or no outside oversight. Many prison systems have a hearing process,
but hearings are often perfunctory. Prison officials serve as prosecutors, judges and juries, and
prisoners are rarely allowed legal representation.

Life in solitary confinement means up to 24 hours a day in a cell. People held in disciplinary
segregation in federal prisons, for example, typically spend two days a week entirely in isolation
and 23 hours a day in their cell for the remaining five days, with one hour outside for exercise.
Exercise usually takes place alone in an exercise room or a fenced or walled “dog run”. Some
prisoners are escorted, in shackles, to the shower, while others have showers within their cells.
They may not be allowed to leave their cells for visits or to make telephone calls.

Solitary confinement cells generally measure from 6ft x 9ft to 8ft x 10ft. Some have bars, but
more often they have solid metal doors. Meals generally come through slots in these doors, as do
any communications with prison staff. Within these cells, people live in enforced idleness,
denied the opportunity to work or attend prison programmes. Sometimes, they are banned from
having televisions, radios, art supplies and even reading materials in their cells.
PSYCOLOGICAL EFFECTS OF SOLITARY CONFINEMENT.

Confined inmates experience a multitude of psychological effects, including emotional,

cognitive, and psychosis-related symptoms (Smith, 2006; Shalev, 2008). Solitary confinement is
considered harmful to the mental health of inmates because it restricts meaningful social contact,
a psychological stimulus that humans need in order to remain healthy and functioning (Smith,
2006). Longer stays in solitary confinement are associated with greater mental health symptoms
that have serious emotional and behavioral consequences. (Smith, 2006; Shalev, 2008).

Emotional and behavioral effects of solitary confinement. The majority of those held in
solitary confinement experience adverse emotional effects that can range from acute to chronic,
depending on the individual and the length of stay in isolation (Shalev, 2008). Confined
prisoners also report feelings of panic and rage, including irritability, hostility, and poor impulse
control. Additionally, they frequently exhibit symptoms of anxiety that vary from low levels of
stress to severe panic attacks. Isolated inmates also experience symptoms of depression, such as
hopelessness, mood swings, and withdrawal. These depressive symptoms may even escalate to
thoughts of self-harm and suicide. As compared to the general prison population, rates of suicide
and self-harm, such as cutting and banging one’s head against the cell wall, are particularly high
in prisoners assigned to solitary confinement (Haney, 2003; Shalev, 2008; Greist, 2012).

Many of the issues that confined prisoners have during isolation are also prevalent post-isolation.
Those who are isolated also exhibit maladjustment disorders and problems with aggression, both
during confinement and afterwards (Briggs et al., 2003). Furthermore, inmates often have
difficulty adjusting to social contact post-isolation, and may engage in increased prison
misconduct and express hostility towards correctional officers. (Weir, 2012; Dingfelder, 2012;
Constanzo, Martinez, Klebe, Torrence & Livengood, 2012). While cases in which inmates have
exhibited positive behavioral change after isolation have been documented, such a result is rare
(Smith, 2006).

Cognitive effects of solitary confinement. In addition to having disruptions in their emotional

processes, inmates’ cognitive processes tend to deteriorate while they are in isolation. Some
confined inmates report memory loss, and a significant portion of isolated inmates report
impaired concentration (Smith, 2006; Shalev, 2008). Many are unable to read or watch television
since these activities are their few sources of entertainment. Confined inmates also report feeling
extremely confused and disoriented in time and space (Haney, 2003; Shalev, 2008).

Psychosis-related effects of solitary confinement. Another confinement related psychological

symptom that inmates may experience is disrupted thinking, defined as an inability to maintain a
coherent flow of thoughts. This disrupted thinking can result in symptoms of psychosis (Haney,
2003; Shalev, 2008). Inmates who exhibit these symptoms of psychosis often report experiencing
hallucinations, illusions, and intense paranoia, such as a persistent belief that they are being
persecuted (Shalev, 2008). In extreme cases, inmates have become paranoid to the point that they
exhibit full-blown psychosis that requires hospitalization (Smith, 2006).

The aforementioned mental health difficulties are not anomalies. Confined inmates often
describe feelings of extreme mental duress after only a couple of days in solitary confinement
(Haney, 2003; Smith, 2006). Some researchers have even compared confined inmates to victims
of torture or trauma because many of the acute effects produced by solitary confinement mimic
the symptoms associated with post-traumatic stress disorder. It is unclear how long these
symptoms persist after release from solitary, but they are at least prevalent during and
immediately after solitary confinement for most inmates (Haney, 2003).

Physiological Effects of Solitary Confinement :

Confined inmates often experience various physiological symptoms, even after a short amount of
time in confinement. Isolated inmates often report symptoms similar to those of hypertension,
such as chronic headaches, trembling, sweaty palms, extreme dizziness and heart palpitations.
(Smith, 2006; Haney, 2003; Shalev, 2008). Inmates also experience trouble with their eating and
digestion, especially within the first three months of solitary confinement (Smith, 2006). A lack
of appetite and drastic weight loss is often accompanied with irregular digestion, particularly
diarrhea. Inmates in isolation may also have difficulty sleeping, and some may experience
insomnia (Smith, 2006; Haney, 2003). Consequently,, inmates report feelings of chronic lethargy
(Shalev, 2008).
While some of these effects may be physical manifestations of psychological stress related to the
isolation, other physiological effects may be directly caused by the inmates’ physical state of
confinement. For example, inmates complain of abdominal pains, as well as muscle pains in the
neck and back, which may be caused by the long periods of inactivity (Smith, 2006; Shalev,
2008). Further, many researchers conclude that some adverse consequences of solitary
confinement are a direct result of sensory deprivation (Smith, 2006; Shalev, 2008). Confined
inmates may experience an increased oversensitivity to normal stimuli, such as the sound of
closing doors, something that may contribute to sleeping difficulties (Smith, 2006). The
increased likelihood that inmates will overreact to stimuli makes their return into the general
prison population much more difficult (Smith, 2006). These physical symptoms may worsen
with repeated visits to solitary confinement and aggravate already existing psychological
symptoms, as well as lead to the development of new psychological effects (Shalev, 2008).
SOLITARY CONFINEMENT IN THE UNITED STATES

In the United States, approximately 80,000 inmates are placed in solitary confinement each year
(Dingfelder, 201 2). Sensory stimulation and social contact are extremely limited in solitary
confinement. Individuals in solitary confinement dates back to the 1820s in America when it was
thought that isolating individuals in prison would help with their rehabilitation. Despite its
barbarity, the United States continues to place thousands of people, including individuals with
mental illnesses and children, in solitary confinement, sometimes for decades. According to
the ACLU's David Fathi of the national prison project, "Solitary confinement units in the United
States are stuffed to the rafters with the mentally ill, with the developmentally disabled. People
are put in solitary confinement for having too many postage stamps. For having too many
pencils."

James Ridgeway has been documenting that system on Solitary Watch, a website he established
back in 2009. He now has correspondence with more than 5,000 subscribed prisoners.

Solitary confinement units in the

United States are stuffed to the rafters
with the mentally ill, with the
developmentally disabled. People are
put in solitary confinement for having
too many postage stamps. For having
too many pencils.

David Fathi, national prison project,

ACLU
The site has reported on every angle, every detail of conditions in isolation from prisoners
diminished human rights through to their mental health.

"When we started our project, there was literally hardly anything about solitary confinement in
the press, TV, or newscast, or papers," says Ridgeway. "The only way I could connect with
people was through letters, through just plain letters. No phones, no emails, no real visits, no
press contacts. I sort of thought to myself: these guys are reporters - what they've got to say is the
way in."

Last month, Solitary Watch published the most recent essay by Jack Powers, an inmate in
Colorado. He's been in isolation for almost 30 years and has contributed several compelling
accounts of psychiatric trauma.

SOLITARY CONFINEMENT AS A PUNISHMENT IN THE

PRESENT DAY.

Solitary confinement shows adverse affects on the individuals due to the lone stay all through the
time. The prisoners go through many psychological states which causes imbalances in their
thoughts and perspectives which people acquire from the time of the birth. Their entire life
changes once they get into the confinement. Juveniles are held in solitary confinement in jails
and prisons across the United States, often for days, weeks, months, or even years in order to
punish, protect, house, or treat some of the youth held there.[11]:2 There is significant controversy
surrounding the use of solitary confinement in cases of juveniles

. Over the last 30 years, prisons and jails have become the US’s largest inpatient psychiatric
centers, and solitary confinement cells in particular are now used to house thousands of
individuals with mental illness. In a 2003 report, Human Rights Watch estimated, based on
available state data, that one-third to half of those held in isolation had some form of mental
illness.
IMPACT OF MORALITY ON THE SOLITARY CONFINEMENT

In the movie “ Murder in the First”, Young was kept under solitary confinement due to the
escape he has done from the Alcatraz. He was tortured physically all through the time during his
period of confinement by the Warden of Alcatraz due to his escape which has then become an
issue of prestige to the Warden.