INCARCERATION AND ITS ALTERNATIVES IN 20TH CENTURY AMERICA

• NCJ Number: 59964
• Author(s): D J ROTHMAN
• Date Published: 1979
• Length: 80 pages
• Grant Number(s): 75-NI-99-0054
• Sponsoring Agency: US Dept of Justice; US Dept of Justice NIJ Pub
• Sale Source: Superintendent of Documents, GPO; National Institute of Justice/
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

THIS REPORT SURVEYS CONCEPTS AND TREATMENT OF THE DEVIANT IN THE U.S. FROM 1870-1940. THE ORIGINS OF THE PROGRESSIVE REFORM MOVEMENT IN THE CRIMINAL JUSTICE AND MENTAL HEALTH FIELDS ARE ANALYZED.

Abstract

FROM 1900 TO 1920 REFORMERS DEVOTED UNPRECEDENTED ATTENTION TO ALTERNATIVES TO INCARCERATION. PROBATION, PAROLE, AND JUVENILE COURT PROCEDURES GAINED ACCEPTANCE IN CRIMINAL JUSTICE, WHILE MENTAL HEALTH INNOVATIONS INCLUDED OUTPATIENT CARE, AFTERCARE, AND THE DESIGN OF AN ENTIRELY NEW TYPE OF FACILITY, THE PSYCHOPATHIC HOSPITAL. THE PROGRAM THAT PROGRESSIVE REFORMERS DESIGNED IN THIS PERIOD REMAINED THE ESSENTIAL PROGRAM OF THE MIDDLE 1960'S, WHEN FUNDAMENTAL CHALLENGES TO THE CONCEPTS OF PROGRESSIVE REFORM BEGAN TO DEVELOP. THIS REPORT CONTENDS THAT TO UNDERSTAND THESE CHALLENGES AN UNDERSTANDING OF THE IDEOLOGICAL PREMISES OF THE OLDER PROGRAM OF PROGRESSIVE REFORM IS REQUIRED. THE REPORT ALSO FOCUSES ON THE RESULTS OF THE REFORM EFFORT AND CONCLUDES THAT NONE OF THESE PROGRAMS WERE FULFILLED AS THEIR DESIGNERS HAD PLANNED. THUS, THE HISTORICAL RECORD IS RELEVANT TO THOSE WHO WOULD INNOVATE IN THESE FIELDS TODAY. THE LEGACY OF THE 1800'S IN REGARD TO INCARCERATION IN PRISONS AND INSANE ASYLUMS IS DISCUSSED, FOLLOWED BY AN ANALYSIS OF THE ORIGINS AND REALITIES OF PROBATION AND PAROLE. THE PROGRESSIVE PRISON, THE CREATION OF THE JUVENILE COURT, AND THE DISPENSING OF JUVENILE JUSTICE ARE CONSIDERED, ALONG WITH A DISCUSSION OF THE FUTURE OF THE MENTAL HYGIENE MOVEMENT. FROM THIS ANALYSIS, THREE LINES OF THOUGHT EMERGE. FIRST, THIS RESEARCH IMPLIES THAT THE UNDERLYING ASSUMPTIONS OF THE PROGRESSIVE ERA NO LONGER APPEAR VALID. TODAY, EFFORTS FOCUS ON THE OVERT 'ACT,' NOT THE 'STATE OF MIND,' OF THE OFFENDER. SECOND, THIS ANALYSIS SHOWS THAT ALTERNATIVES TO INSTITUTIONS CANNOT COEXIST EASILY WITH INSTITUTIONS. A COMMITMENT TO ALTERNATIVES TO INCARCERATION WILL DEMAND A THOROUGHGOING REVERSAL IN THE SOCIAL POLICY OF GIVING PRIORITY TO THE INCARCERATION OF OFFENDERS. FINALLY, THE HISTORICAL RECORD STRONGLY SUGGESTS THE DIFFICULTY OF ADMINISTERING A PROGRAM THAT IS BOTH CUSTODIAL AND REHABILITATIVE. NEVERTHELESS, IT IS CONTENDED THAT THE HISTORICAL APPROACH SHOULD HELP TO CREATE A CLIMATE OF INNOVATION IN FINDING NEW RESOLUTIONS TO INCARCERATION. A NOTE ON SOURCES IS APPENDED.