NCJ Number
43708
Journal
QUARTERLY JOURNAL OF CORRECTIONS Volume: 1 Issue: 3 Dated: (SUMMER 1977) Pages: 14-29
Date Published
1977
Length
16 pages
Annotation
ALTERNATIVE SENTENCING, PAROLE, AND PRISON ADMINISTRATION PRACTICES ARE SUGGESTED IN A PROPOSAL FOR INTRODUCING A JUSTICE PERSPECTIVE INTO CORRECTIONAL OPERATIONS.
Abstract
THE LACK OF SPECIFIC CORRECTIONAL PURPOSE IN PRISONS IS POINTED OUT. PROPOSITIONS CONCERNING MAN AND LAW IN THE CONTEXT OF JUSTICE ARE SET FORTH AS FOUNDATIONS FOR PRISON OBJECTIVES. THE NEED TO CONCEIVE OF INCARCERATION AND ITS PLACE IN CRIMINAL JUSTICE IN A NEW WAY IS POINTED OUT, AND A TWO-PRONGED REFORM STRATEGY IS SUGGESTED. THE SHORT-RANGE ELEMENT OF THE STRATEGY INVOLVES A RECONCEPTUALIZATION OF IMPRISONMENT AS REPRESENTING ONLY A DEPRIVATION OF LIBERTY IMPOSED AS THE LEGAL COST FOR VIOLATING LAWS. IT IS SUGGESTED THAT, WITHIN THE RESTRAINTS IMPOSED BY INSTITUTIONAL LIVING AND THE EXECUTION OF A SENTENCE THAT RESTRICTS FREEDOM OF MOVEMENT, PRISONERS SHOULD MAINTAIN ALL THE RIGHTS ACCORDED FREE CITIZENS. THE MIDDLE-RANGE STRATEGY INVOLVES A RETURN TO FLAT-TIME SENTENCES WITH PROCEDURAL RULES GOVERNING SENTENCE SELECTION, THE ELIMINATION OF PAROLE BOARDS AND PAROLE AGENCIES, AND THE TRANSFORMATION OF FORTRESS PRISONS INTO INSTITUTIONS HOLDING NO MORE THAN 300 PERSONS AND FURTHER DIVISIBLE INTO SUBUNITS OF 30. SENTENCING AND PAROLE ALTERNATIVES ARE SUGGESTED, AND DETAILS OF THE PROPOSED FLAT TIME SYSTEM ARE OFFERED. PROGRAM ELEMENTS (E.G., OMBUDSMAN, SELF-GOVERNANCE, LAW LIBRARY) CONDUCIVE TO OPERATIONAL JUSTICE IN PRISONS ARE NOTED. A LIST OF REFERENCES IS PROVIDED.