Smoking is a controversial topic in prisons, especially on death row. While smoking was once commonplace in jails and prisons across the United States, attitudes have shifted dramatically in recent decades. However, rules and regulations regarding smoking for death row inmates vary by state and even by facility.
Quick Overview
Currently, most states do not allow death row inmates to smoke. However, a few states like Virginia, Tennessee, and Missouri do permit smoking for inmates facing capital punishment. The decision is left up to the discretion of each state’s department of corrections.
Those in favor of allowing smoking on death row argue that it represents one of the few choices and freedoms inmates still have. Additionally, they claim that prohibiting smoking could lead to unrest, disciplinary issues, and mental health problems. Those against it cite health concerns from secondhand smoke as well as costs associated with providing cigarettes.
Ultimately, attitudes and policies towards smoking in correctional facilities have shifted in line with changing societal views. But the question remains a complex one when it comes to those facing execution.
History of Smoking in Prisons
Up until relatively recently, smoking was quite common in jails and prisons across the United States. In fact, at some facilities, smoking was mandatory as a way to control prisoners. Tobacco was seen as a reward for good behavior and is some cases used as a form of currency between inmates.
It wasn’t until the 1970s that attitudes began to change, largely due to emerging health concerns associated with firsthand and secondhand smoke. In 1975, the Supreme Court ruled that exposing prisoners to unhealthy levels of secondhand smoke could violate the 8th Amendment against cruel and unusual punishment.
This prompted many correctional facilities to start implementing smoking restrictions and bans. By the 1990s, most prisons had adopted smoke-free policies, at least for indoor areas. And by 2018, 21 state prison systems had comprehensive smoking bans, even outdoors.
Current Policies on Death Row
When it comes to death row, policies on smoking tend to be slightly more flexible than in the general prison population. But most states have moved towards banning smoking even for those facing capital punishment.
Today, 40 out of 50 state prison systems are entirely smoke-free, including death row. Some notable states where smoking is prohibited on death row include:
- California
- Florida
- Georgia
- Illinois
- New York
- Ohio
- Oregon
- Pennsylvania
In these states, death row inmates do not have access to any tobacco products. Possession of cigarettes or smoking paraphernalia is strictly prohibited and punishable as a disciplinary infraction.
States Where Smoking is Permitted
There are still a handful of states that do permit smoking on death row, including:
- Virginia
- Tennessee
- Missouri
- Oklahoma
- Louisiana
In Virginia, for example, death row inmates at Sussex I State Prison are allowed to smoke, although cigarettes are banned at other state prisons. Missouri and Oklahoma also allow smoking only for prisoners facing execution. Louisiana permits smoking on death row but limits inmates to 5 cigarettes per day.
Federal Policies
On the federal level, the Federal Bureau of Prisons eliminated smoking in all federal correctional facilities in 2004. This includes the federal death row at the U.S. Penitentiary Terre Haute in Indiana. So death row inmates in the federal system are prohibited from smoking.
Arguments For Allowing Smoking
There are a few key arguments made in favor of allowing death row inmates access to tobacco products:
- Choice and freedom – Some view smoking as one of the few choices and freedoms still available to prisoners facing execution. Providing cigarettes allows them a degree of autonomy over their lives.
- Mental health – Banning smoking could negatively impact the mental health of inmates already facing enormous stress. Nicotine dependence could exacerbate existing psychological issues.
- Behavioral issues – Proponents claim that prohibiting smoking may lead to unrest, disciplinary infractions, and general noncompliance among death row populations.
- Cost – If inmates are forced to quit smoking, it could drive up medical costs to provide nicotine replacement therapy or other cessation resources.
Some argue that allowing regulated tobacco use represents a humane compromise for those awaiting capital punishment.
Arguments Against Smoking
There are also several arguments made for prohibiting smoking, even for death row inmates:
- Health risks – Secondhand smoke exposes prisoners and staff to serious health hazards like cancer, heart disease, and lung conditions.
- Costs – Providing tobacco products and allowing smoking drives up overall prison costs. This includes medical care, fires, sanitation, etc.
- Safety – Loose tobacco and matches/lighters can pose safety risks in terms of fires and illicit trade among prisoners.
- Equity – If other prisoners cannot smoke, it is unfair to make exceptions for those on death row.
- Social norms – Prisons should align with public attitudes, and smoking is increasingly less socially acceptable.
Opponents argue that the health and safety hazards outweigh any potential benefits of allowing smoking on death row.
Impact on Death Row Populations
It’s challenging to definitively determine the impact of smoking policies on death row inmates themselves. However, some effects that have been noted include:
- Increased behavioral issues, infractions, and noncompliance from nicotine withdrawal in states that ban smoking.
- Negative impacts on mental health, including higher rates of depression and anxiety.
- Higher medical costs to provide nicotine replacement therapy or prescription medications.
- Possible unrest and protests initially after implementing a smoking ban.
- Gradual acceptance of smoking prohibitions over time as social norms change.
- Lower long-term health risks by eliminating secondhand smoke exposure.
Most research indicates that complete smoking bans cause short-term challenges but are accepted and adjusted to over time by inmates. Some facilities have had success by phasing in a ban gradually.
Data on Prison Smoking Bans
Several studies have collected data on the impacts of implementing prison smoking bans in correctional facilities across the United States:
| State | Year Ban Implemented | Results after 1 Year |
|---|---|---|
| Arizona | 2003 | – 93% decrease in indoor air pollution – 78% decline in smoking-related litter |
| North Carolina | 2005 | – 90% drop in secondhand smoke levels |
| Minnesota | 2007 | – 62% decline in respiratory issues reported post-ban |
| Indiana | 2008 | – Smoking-related health care costs decreased by $11.7 million |
While complete data on death row populations is limited, these results demonstrate the potential benefits of prison smoking bans. Overall, research shows that such policies lead to reduced secondhand smoke exposure, lower health risks, decreased medical costs, and less smoking-related litter over time.
Ethical Considerations
The issue of permitting smoking on death row also raises some ethical questions:
- Is allowing smoking an act of mercy for those awaiting execution?
- Do bans represent inhumane punishment atop the death penalty?
- Should extra exceptions be made for death row versus general population?
- Don’t staff and other inmates also deserve smoke-free environment?
There are reasonable ethical arguments on both sides of this issue. Prison officials are tasked with balancing health and safety with humane treatment of all inmates.
Conclusion
Policies regarding smoking on death row vary widely state by state across the U.S. While most prison systems today prohibit tobacco use, even for inmates facing execution, several still permit it.
Proponents argue that allowing smoking represents a small freedom and accommodation for those awaiting capital punishment. However, opponents cite concerns around health, costs, safety and fairness in barring access to cigarettes.
Research shows initial challenges but long-term benefits to comprehensive prison smoking bans. But the ethical questions surrounding autonomy and humaneness for death row populations persist.
Ultimately, the issue involves complex tradeoffs between public health, inmate welfare, and evolving social norms both inside and outside correctional facilities.