NCJ Number
59957
Journal
Cleveland State Law Review Volume: 27 Issue: 2 Dated: (1978) Pages: 147-156
Date Published
1978
Length
10 pages
Annotation
THE MASSIVE DESERTION BY SCHOLARS FROM A BELIEF THAT CRIMINALS CAN BE REHABILITATED IS CONSIDERED UNIQUE IN THE HISTORY OF AMERICAN CRIMINAL JUSTICE ACCORDING TO THIS LECTURE MATERIAL.
Abstract
THE NOTION THAT THE SANCTIONS OF CRIMINAL LAW SHOULD BE EMPLOYED TO ACHIEVE FUNDAMENTAL CHANGES IN THE CHARACTER OF CONVICTED OFFENDERS HAS PERIODICALLY BEEN ABANDONED BY THE AMERICAN PUBLIC AND MEDIA. IN RECENT YEARS, HOWEVER, EVEN ACADEMICS HAVE DESERTED THE REHABILITATIVE IDEAL. THIS CHANGE IN POLICY HAS SHOWN UP IN SENTENCING STATUTES, WHICH EXPLICITY STATE THAT REHABILITATIVE CONSIDERATIONS ARE NOT TO BE TAKEN INTO ACCOUNT, AND IN STRONG SUPPORT FOR MANDATORY MINIMUM SENTENCES. THERE CANNOT BE A FLOURISHING REHABILITATIVE IDEAL UNLESS SOCIETY AS A WHOLE HAS A STRONG FAITH IN THE MALLEABILITY OF HUMAN BEHAVIOR AND HUMAN CHARACTER. WITHOUT SUCH FAITH, THE PENAL POLICY IS LIKELY TO BE INCAPACITATIVE, FAVORING ONLY THE ISOLATION OF OFFENDERS FROM SOCIETY. THE PRECIPITOUS LOSS OF CONFIDENCE IN INSTITUTIONS SUCH AS THE FAMILY AND RELIGION, MAY HAVE CONTRIBUTED TO THE LOSS OF FAITH IN THE ABILITY OF THE CRIMINAL JUSTICE SYSTEM TO MAKE DESIRABLE CHANGES IN HUMAN CHARACTER. WHILE GRANTING THAT MODERN PSYCHOLOGY IS ONLY DIRECTED AT MAKING PEOPLE FEEL BETTER, RATHER THAN CHANGING THEM FOR THE BETTER, THE PRISON SYSTEM IS ONLY ABLE TO MAKE PEOPLE WORSE. SOME ASPECTS OF REHABILITATION MUST CONTINUE IN ORDER TO ENCOURAGE COMPASSIONATE PEOPLE INTO CORRECTIONS WORK. FOOTNOTES ARE PROVIDED. (TWK)