NCJ Number
58329
Date Published
1978
Length
12 pages
Annotation
AN OVERVIEW OF THE HISTORY OF PENAL PHILOSOPHY AND REFORM IN ENGLAND IS PRESENTED, TOGETHER WITH A CRITIQUE OF THE EXISTING PENAL SYSTEM.
Abstract
AT THE TIME 18TH-CENTURY ENGLISH PRISON REFORMER JOHN HOWARD PUBLISHED HIS CRITIQUE, THE RATIONAL TEST OF ANY SOCIAL OR POLITICAL INSTITUTION WAS TWOFOLD: (1) IT SHOULD NOT VIOLATE FUNDAMENTAL HUMAN DIGNITY, AND (2) IT SHOULD BE EFFECTIVE IN MEETING ITS OBJECTIVES. THE PENAL SYSTEM, BEING BOTH CRUEL AND INEFFECTIVE, MET NEITHER TEST. IN THE 19TH CENTURY, PENAL PRACTICE WAS BESET WITH DIFFICULTIES AND CRITICISMS THAT HAVE A CONTEMPORARY RING. FOR INSTANCE, THERE WAS THE QUESTION OF HOW THE PRISONER'S LOT SHOULD COMPARE WITH THAT OF THE LAW-ABIDING CITIZEN. SINCE HOWARD'S TIME, THE FUNCTIONS AND RATIONALE OF THE ENGLISH PENAL SYSTEM HAVE CHANGED, BUT THE STATE OF THE SYSTEM REMAINS PERILOUS. BECAUSE THEIR OBJECTIVES ARE UNCLEAR, PRISONS ACHIEVE NOTHING. THEY ARE EXPENSIVE TO RUN; THEY NEITHER PREVENT NOR REDUCE CRIME; THEY GENERALLY DO NOT TURN CRIMINALS INTO NONCRIMINALS; AND THEY OFTEN FAIL TO PRESENT TO THE PUBLIC ANY CREDIBLE EQUATION BETWEEN CRIME AND PUNISHMENT. PRISONS ATTEMPT TO PROVIDE FOR THE PHYSICAL NEEDS OF INMATES, BUT THEY DO NOT ALWAYS SUCCEED. LOCAL PRISONS FALL PARTICULARLY SHORT IN THIS RESPECT. THERE IS SUBSTANTIAL EVIDENCE THAT THE PRISON SYSTEM CONTRIBUTES TO STRATIFICATION IN SOCIETY. SOCIAL CLASSES DIFFER BOTH IN THE LIKELIHOOD THAT THEIR MEMBERS WILL BE IMPRISONED AT ALL, AND IN THE DEPRIVATION THEY WILL SUFFER IF THEY ARE IMPRISONED. IT APPEARS THAT THE SITUATION CAN ONLY GO FROM BAD TO WORSE, BECAUSE PENAL ADMINISTRATORS AND THEIR ADVISERS ARE COMMITTED TO SOLVING SHORT-TERM PROBLEMS RATHER THAN TO FORMULATING SOCIALLY ACCEPTABLE LONG-TERM POLICIES. OFTEN THE SHORT-TERM SOLUTIONS INVOLVE EXPEDIENTS THAT HAVE THE APPEARANCE BUT NOT THE SUBSTANCE OF PROGRESSIVE LIBERALISM. (LKM)