NCJ Number
41093
Journal
Cornell Law Review Volume: 62 Issue: 2 Dated: (JANUARY 1977) Pages: 289-312
Date Published
1977
Length
24 pages
Annotation
ALTHOUGH PRISON REFORM HAS MOVED FORWARD ON OTHER FRONTS, THE ENFORCEMENT OF HETEROSEXUAL DEPRIVATION UPON THIS COUNTRY'S 280,000 STATE AND FEDERAL PRISONERS CONTINUES AS A NEARLY UNIVERSAL POLICY.
Abstract
WHETHER OR NOT PROLONGED SEXUAL DEPRIVATION WILL ULTIMATELY BE CONSIDERED APPROPRIATE FOR NONE, SOME, OR ALL CRIMINALS, THE ABSENCE OF RATIONAL DISCUSSION OF THE QUESTION UNDERMINES THE LEGITIMACY OF THE POLICY. FOR THIS REASON, HETEROSEXUAL DEPRIVATION CAN NO MORE BE JUSTIFIED BY THE PRINCIPLE OF RETRIBUTION THAN IT CAN BY THE PRINCIPLES OF REHABILITATION AND SOCIAL DEFENSE. IF THE NEARLY UNIVERSAL AMERICAN POLICY OF IMPOSING HETEROSEXUAL DEPRIVATION UPON ITS PRISON POPULATION IS NOT A POSTULATE DEDUCED FROM HIGHER PRINCIPLES OF CRIMINAL JURISPRUDENCE, BUT MERELY PERSISTS THROUGH FORCE OF CUSTOM AND TRADITION, THEN WE OUGHT TO THINK SERIOUSLY ABOUT PRACTICAL ALTERNATIVES. DESPITE THE APPLAUSE THAT HOME FURLOUGHS HAVE RECEIVED FROM REFORMERS, THE RISK POSED TO SOCIETY MILITATES AGAINST A MAJOR EXPANSION OF THE PROGRAM. THEREFORE, IF THE ENFORCED SEXUAL DEPRIVATION OF OUR PRISON POPULATION IS TO BE ENDED, IT WILL HAVE TO BE THROUGH AN IN-PRISON CONJUGAL VISITATION PROGRAM. (AUTHOR ABSTRACT)