NCJ Number
58770
Date Published
1979
Length
21 pages
Annotation
CUSTODIAL METHODS WHICH REFLECT THE BELIEF THAT PRISONERS SHARE HUMANITY COMMON WITH OUR OWN ARE NECESSARY FOR SIGNIFICANT CHANGES IN THE PRISON SYSTEM TO TAKE PLACE.
Abstract
PRISONS HAVE THREE MAIN FUNCTIONS, CUSTODY, COERCION, AND CORRECTION. IMPLICIT IN THE CUSTODIAL PROCESS IS PREVENTION. OBVIOUSLY, WHILE THE OFFENDER IS IN CUSTODY HE CANNOT OFFEND AGAIN, BUT PREVENTION LASTS ONLY AS LONG AS THE SENTENCE. IT IS ASSUMED, HOWEVER, THAT THE OFFENDER WILL EVENTUALLY RETURN TO THE COMMUNITY. HISTORICALLY, THE PREMISE HAS BEEN THAT AS A RESULT OF THE EXPERIENCE HE HAS UNDERGONE IN PRISON, HE WILL REFRAIN FROM FURTHER OFFENSES. HOWEVER, IT HAS BECOME CLEAR THAT PRISON DOES NOT SERVE AN EFFECTIVE REHABILITATIVE FUNCTION, FOR RECIDIVISM RATES ARE NOTORIOUSLY HIGH. THUS THE DETERRENT PRINCIPLE OF IMPRISONMENT IS INEFFECTIVE, AND PRISONS REMAIN ESSENTIALLY INSTITUTIONS OF PUNISHMENT INSTEAD OF CORRECTION. AS A RESULT, THE QUESTION OF WHAT PROGRAMS SHOULD BE ADOPTED IN PRISONS NEEDS TO BE ANSWERED. RUPERT CROSS IS ONE OF THE FEW SCHOLARS TO HAVE CONSIDERED THE QUESTION. HIS THEORY OF PENAL REFORM IS BASED ON TWO OBJECTIVES: THE REHABILITATION OF THE OFFENDER AND PROVISION OF WHATEVER CONTROL OF CRIME THE PENAL SYSTEM CAN ACHIEVE WITH MINIMUM OF SUFFERING TO OFFENDERS AND THOSE CONNECTED WITH THEM. THE MAIN OBJECT OF PRISON REFORM SHOULD TO PREVENT THE DETERIORATION OF PRISONERS. THE CONCEPT OF IMPRISONMENT AS PUNISHMENT SHOULD BE REPLACED BY A MORE HUMANE ONE WHICH ALLOWS THE PRISONER TO LIVE IN CONDITIONS OF SOME DIGNITY. (STB)