since solitary confinement has been designated as “cruel, inhuman or degrading treatment or punishment” under international law, many lawyers have argued that it is also the kind of “cruel and unusual punishments” prohibited by the eighth amendment. proving this to be the case, however, has been a difficult task for attorneys at every level of the court system. the lack of clarity of the eighth amendment has raised questions with the use of solitary confinement that specifically constitutes “cruel and unusual punishment.”