ETHICAL TRADITIONS AND CORRECTIONAL INSTITUTIONS (FROM CONFERENCE ON CORRECTIONS, 1978, BY VERNON FOX SEE NCJ-59701)

• NCJ Number: 59702
• Author(s): L H DEWOLF
• Date Published: 1978
• Length: 15 pages
• Corporate Author: Ctr for Professional Development and Public Service; Florida State University
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THE NEED FOR A COHERENT ETHICAL PHILOSOPHY IN CRIMINAL JUSTICE, PARTICULARLY WITH REGARD TO INCARCERATION (PRISONS AND JAILS,) OFFENDERS, COMMUNITY DEFENSE AND RESTORATION, SENTENCING, AND RESTITUTION, IS EMPHASIZED.

Abstract

THERE ARE TWO OPPOSING ETHICAL TRADITIONS RELEVANT TO CRIMINAL JUSTICE. ONE IS BASED ON HUMANISTIC TRADITIONS AND ACCENTUATES BENEVOLENT, TOLERANT, AND GENEROUS COMMUNITY-MINDENESS. THE OTHER REPRESENTS AGGRESSIVE INDIVIDUALISM, SELF-RIGHTEOUSNESS, AND VINDICTIVENESS. THE CRIMINAL JUSTICE SYSTEM IN GENERAL AND CORRECTIONS IN PARTICULAR OFTEN TEND TO ACCENTUATE THE AGGRESSIVE FORM OF ETHICAL TEACHING, AND INCARCERATION ESPECIALLY AGGRAVATES THE INDIVIDUAL ALIENATION OF OFFENDERS. SINCE INCARCERATION PLACES A WALL BETWEEN THE COMMUNITY AND OFFENDERS AND INEVITABLY INCREASES CRIME-INDUCING ALIENATION, THE USE OF IT MUST BE REDUCED TO A MINIMUM. PURPOSES OF CRIMINAL JUSTICE (DETERRENCE, INCAPACITATION, REHABILTATION, REINTEGRATION, AND RETRIBUTION) FOCUS ON OFFENDERS AS INDIVIDUALS, EXCEPT THAT REINTEGRATION RECOGNIZES THE NEED OF INDIVIDUALS TO BE FITTED INTO FREE SOCIETY. MORE APPROPRIATELY, THE PURPOSE OF CRIMINAL JUSTICE BASED ON ETHICAL PRINCIPLES IS COMMUNITY DEFENSE AND RESTORATION, I.E., TO PREVENT THE DISRUPTION OF THE COMMUNITY BY CRIME AND TO RESTORE THE UNITY OF THE COMMUNITY WHEN CRIME OCCURS. TO ACHIEVE THIS GOAL OF COMMUNITY DEFENSE AND RESTORATION, REDUCTIONS MUST BE MADE IN THE USE OF JAILING BEFORE TRIAL, THE USE OF INCARCERATION IN SENTENCING, THE USE OF LONG SENTENCES PRONOUNCED IN COURT AND ACTUALLY SERVED BEFORE PAROLE, AND THE NUMBER OF INSTITUTIONS HOLDING JUVENILE DELINQUENTS. RESTITUTION TO VICTIMS MUST BE REQUIRED IN ALL SUITABLE CASES, SEVERAL TYPES OF OFFENSES MUST BE REMOVED FROM CRIMINAL LAW, FINES MUST BE USED MORE FREQUENTLY, AND THE TREND TOWARD INCREASED USE OF WORK RELEASE MUST BE ADVANCED. CHANGES IN PRISONS AND JAILS ARE RECOMMENDED THAT FOCUS ON THE SELECTION OF PERSONNEL, THE EMPLOYMENT OF INMATES, AND VISITING PRIVILEGES TO HELP REHABILITATE INMATES. FOOTNOTES ARE INCLUDED. (DEP)