NCJ Number
54434
Journal
YOUTH AUTHORITY QUARTERLY Volume: 31 Issue: 4 Dated: (WINTER 1978) Pages: 21-25
Date Published
1978
Length
4 pages
Annotation
THIS ARTICLE MAINTAINS THAT MERITS OF PUNISHMENT VERSUS REHABILITATION ARE NOT MUTUALLY EXCLUSIVE AS DESIRED OUTCOMES OF THE CORRECTIONAL PROCESS.
Abstract
THE FUNCTION OF CORRECTIONS IS TO METE OUT SANCTIONS AGAINST ILLEGAL BEHAVIOR AS ORDERED BY THE COURTS, I.E., CURTAILMENT OF LIBERTY THROUGH SERVING TIME IN AN INSTITUTION AND/OR THROUGH PROBATION OR PAROLE SUPERVISION. CORRECTIONS CARRIES OUT COURT-DETERMINED PUNISHMENT FOR LAW VIOLATION. PUNISHMENT OCCURS BEFORE REHABILITATION, WHETHER REHABILITATION IS BY MEANS OF PSYCHOTHERAPY, EDUCATION, VOCATIONAL TRAINING, AND/OR RELIGION. REHABILITATION IS A DESIRED RESULT OF SOMETHING THAT HAPPENS WHILE OFFENDERS ARE WITHIN A CORRECTIONAL AGENCY'S JURISDICTION. WHEN REHABILITATION IS A DESIRED AND ACTUAL RESULT, IT HAPPENS WHILE OFFENDERS SPEND TIME ON PROBATION, IN INSTITUTIONS, OR ON PAROLE. CALIFORNIA'S YOUTH AUTHORITY ACT IS DESIGNED TO PROTECT SOCIETY BY SUBSTITUTING FOR RETRIBUTIVE PUNISHMENT METHODS OF TRAINING AND TREATMENT DIRECTED TOWARD THE CORRECTION AND REHABILITATION OF YOUNG PERSONS FOUND GUILTY OF PUBLIC OFFENSES. IN DENYING PUNISHMENT IMPLICIT IN THE CURTAILMENT OF LIBERTY AND IN SUBSTITUTING FOR IT THE PROMISE OF REHABILITATION, CORRECTIONS HAVE NOT MADE POSITIVE ACCOMPLISHMENTS. DETERRENCE, LIKE REHABILITATION, IS A PHENOMENON OVER WHICH PERSONS MAY NOT HAVE CONTROL. CORRECTIONS CAN DO LITTLE ARBITRARILY TO AFFECT THIS BECAUSE THE INTERNAL, PERSONAL PORTION OF THIS BELONGS TO THE INDIVIDUAL. IN ORDER TO CHANGE CORRECTIONAL ATTITUDES, CORRECTIONS WILL HAVE TO ACCEPT THAT ITS BASIC FUNCTION IS THE CURTAILMENT OF LIBERTY; THAT THE RIGHT OF OFFENDERS TO DETERMINE THE FLOW OF THEIR OWN LIVES, AND THE WISH TO REHABILITATE OR DETER IS BEYOND THE POWER OF CORRECTIONS TO IMPOSE UNILATERALLY ON CHARGES OR GUARANTEE TO THE PUBLIC, AND THAT THE RESPONSIBILITY FOR CORRECTIONAL REHABILITATION IS SIMPLY OFFERING AND DELIVERING AN OPPORTUNITY CHOSEN BY OFFENDERS. (DEP) REHABILITATION IS SIMPLY OFFERING AND DELIVERING AN OPPORTUNITY CHOSEN BY OFFENDERS. (DEP)