JUSTICE, NOT THERAPY - A NEW MISSION FOR CORRECTIONS

• NCJ Number: 55580
• Journal: Judicature Volume: 62 Issue: 8 Dated: (MARCH 1979) Pages: 373-380
• Author(s): D F FOGEL
• Date Published: 1979
• Length: 9 pages
• Corporate Author: American Judicature Soc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE REHABILITATION AND JUSTICE MODELS FOR CORRECTIONS ARE DISCUSSED AS BEING COMPLEMENTARY RATHER THAN MUTUALLY EXCLUSIVE.

Abstract

THE REHABILITATION MODEL, IN ITS PUREST FORM PERMITS THE COURTS TO IMPOSE AN OPEN-ENDED SENTENCE (INDETERMINATE). WITH THIS APPROACH, CLINICAL EXPERTS ARE SUPPOSED TO DIAGNOSE THE PRISONER'S PROBLEMS, TREAT HIM, AND RELEASE HIM SOMETIME BEFORE THE MAXIMUM SENTENCE EXPIRES IF HE MAKES SUFFICIENT PROGRESS. IT THUS GIVES PRISON AUTHORITIES ENORMOUS DISCRETION AND DIVESTS THE COURT OF THE RESPONSIBILITY FOR THE ACTUAL (NOT SENTENCED) TIME A PRISONER SERVES. THE JUSTICE MODEL, ON THE OTHER HAND, OFFERS JUSTICE-AS-FAIRNESS AS THE TREATMENT MODALITY IN PRISON. IT SEEKS GREATER CERTAINTY IN SENTENCING THROUGH THE REDUCTION OF JUDICIAL DISCRETION, ON-THE-RECORD REASONS AS WELL AS STATUTORY CRITERIA FOR THE IMPOSITION OF SENTENCES, AND A SENTENCE APPELLATE PROCESS. A NUMBER OF STUDIES ('CRIMINOLOGY' BY EDWIN H. SUTHERLAND, 'FAIR AND CERTAIN PUNISHMENT: REPORT ON CRIMINAL SENTENCING' BY ALAN DERSHOWITZ, AND OTHERS LISTED) SHOW THAT INDETERMINATE SENTENCING IN THE INTEREST OF REHABILITATION HAS LED TO GENERALLY LONGER SENTENCES, PARTICULARLY FOR FEMALES AND YOUNG MALES, THAN DETERMINATE SENTENCING BECAUSE MEASURES OF PROGRESS FOR AN OFFENDER ARE SUBJECTIVELY ESTABLISHED BY VARIOUS PENAL AUTHORITIES. IN MANY CASES, THE INMATE PUTS ON AN ACT ACCORDING TO THE SCRIPT WRITTEN BY THE AUTHORITIES IN ORDER TO GAIN RELEASE. COERCIVE REHABILITATION, ANOTHER CHARACTERISTIC OF THE REHABILITATION MODEL, TENDS TO CREATE A MANIPULATIVE RELATIONSHIP BETWEEN OFFENDER AND CLINICIAN, PARTICULARLY WHEN AN AUTHENTIC DESIRE FOR CHANGE IS ABSENT IN THE OFFENDER. THE CORRECTIONS SYSTEM MUST PROMULGATE JUSTICE, AND THIS MEANS ASSURING THE OFFENDER THAT HE WILL NOT BE CONTROLLED BY THE STATE BEYOND THE TIME JUSTLY DESERVED FOR HIS PARTICULAR CRIME. DURING THE PERIOD OF HIS SENTENCE, QUALITY REHABILITATION PROGRAMS WOULD BE AVAILABLE, BUT THEY WOULD BE VOLUNTARY.