NCJ Number
61582
Journal
AUSTRALIAN AND NEW ZEALAND JOURNAL OF CRIMINOLGY Volume: 12 Issue: 2 Dated: (JUNE 1979) Pages: 19-29
Date Published
1979
Length
11 pages
Annotation
A PHILOSOPHICAL DISCUSSION OF REHABILITATION VERSUS RETRIBUTION IN THE AMERICAN CRIMINAL JUSTICE SYSTEM EMPHASIZES THAT SOCIAL JUSTICE CAN OCCUR ONLY IN A JUST SOCIETY.
Abstract
MEANINGFUL THERAPY FOR PERSONS IN NEED SHOULD BE CONTINUED WITHOUT PRECLUDING THE RECONGNITION OF SUBSTANTIVE AND PROCEDURAL RIGHTS. IF REHABILITATION AND TREATMENT EFFORTS WILL RESULT IN MORE HUMANE PRISONS, THEN THIS APPROACH BENEFIT SOCIETY. HOWEVER, WHEN THE TREATMENT CONCEPT IS CONSIDERED AS A CURE FOR THE OFFENDER, THEN THE ROLE OF PRISONS, THE REALITY OF PRISON LIFE, AND THE PATERNALISTIC AND MANIPULATIVE CHARACTER OF THE TREATMENT APPROACH IS OBFUSCATED. MOST PRISONERS ARE CONCERNED WITH THE AMOUNT OF TIME THEY WILL BE DEPRIVED OF FREEDOM, NOT THE NEED FOR THERAPEUTIC TREATMENT. THEREFORE, INMATES WHO ENTER REHABILITATIVE PROGRAMS TO OBTAIN EARLIER RELEASES OFTEN CORRUPT THE TREATMENT VALUE OF THE PROGRAMS. SLOGANS OF BENEVOLENCE CLOAK THE THERAPEUTIC APPROACH WHICH IS USUALLY COERCED AND LARGELY INEFFECTIVE. THE INTERGRITY OF THE JUSTICE CONCEPT BECOMES HIGHLY QUESTIONABLE WHEN CRIMINAL LAW IS EMPLOYED AS A MEANS OF TREATMENT RATHER THAN PUNISHMENT. PUNISHMENT IS JUSTIFIABLE AND NECESSARY EVEN THOUGH IT NEITHER PREVENTS CRIMES NOR RESULTS IN THE OFFENDER RECEIVING HELP. HOWEVER, IN MODERN SOCIETY, ALL CORRECTIONS APPROACHES WILL BE INADEQUATE SINCE SOCIETY IS BASICALLY UNJUST. REFERENCES ARE PROVIDED. (WJR)