NCJ Number
56263
Date Published
1978
Length
26 pages
Annotation
THE APPARENT FAILURE OF CURRENT PENAL SYSTEMS TO ACHIEVE THEIR STATED OBJECTIVES OF INMATE REHABILITATION AND SOCIAL REINTEGRATION INDICATES THE NECESSITY FOR FAR REACHING CORRECTIONAL REFORM.
Abstract
MOST EXISTING CRIMINAL CODES ARE OBSOLETE, BECAUSE THEY ARE BASED ON ABSTRACT CONCEPTS OF RETRIBUTION--SPECIFIC PENALTIES ALWAYS REQUIRED FOR SPECIFIC CRIMES--WITHOUT CONSIDERATION OF THE OFFENDER'S PERSONALITY AND CIRCUMSTANCES. WHILE LIP SERVICE IS BEING PAID TO THE NECESSITY FOR ALTERNATIVES TO INSTITUTIONALIZATION, IN REALITY MOST PENALITIES INVOLVE DETENTION. THE PLACE FOR INDIVIDUALIZED CASE DISPOSITION IS IN COURT, WHERE COMPLETE CRIMINAL HISTORIES AND PSYCHOLOGICAL AND SOCIOECONOMICAL PROFILES OF DEFENDANTS MUST BE MADE AVAILABLE TO JUDGES FOR PROPER SENTENCING. THE MAIN PROBLEM OF DETENTION IS THE QUALITY OF PRISON LIFE PER SE, ITS MONOTONY, SPIRTUAL IMPROVERISHMENT, STEREOTYPING, BLURRING OF VALUES, NEUROSES, AND PRISONIZATION. ALTERNATIVES TO INSTITUTIONALIZATION ARE MOST DESIRABLE AND VIABLE FOR MINOR OFFENSES, FOR WHICH SHORT SENTENCES OF LESS THAN 1 YEAR ARE USUALLY IMPOSED, BECAUSE SHORT SENTENCES ARE NO DETERRENT TO CRIME AND RESULT IN THE HIGHEST INCIDENCE OF RECIDIVISM. MORE EFFECTIVE PENALTIES FOR SUCH LESSER OFFENSES WOULD BE FINES (WIDELY EXPANDED AND MORE FLEXIBLE IN APPLICATION), COMPULSORY WORK, HOUSE ARREST, SUSPENDED SENTENCES, OR DEBARMENT FROM PROFESSIONAL ASSOCIATIONS. DETENTION IS STILL NEEDED, IN MODIFIED FORM AND IN MODERNIZED CORRECTIONAL FACILITIES WITH UPDATED INSTITUTIONAL REGULATIONS, FOR DANGEROUS AND VIOLENT CRIMINALS CONVICTED OF SERIOUS CRIMES. VIOLENT OR DANGEROUS INMATES SHOULD, HOWEVER, RECEIVE INDIVIDUALIZED TREATMENT, AND BE GROUPED FOR SUCH TREATMENT BY AGE, BACKGROUND (RURAL, URBAN, PROFESSIONAL), AND TYPE OF CRIME. INFRASTRUCTURAL MOBILITY-FROM MAXIMUM TO MEDIUM TO MINIMUM SECURITY-SHOULD BE AVAILABLE TO INMATES IN ACCORDANCE WITH THEIR PROGRESS TOWARD REHABILITATION. --IN SPANISH. (LGR)