Prison reform
Prison reform is the attempt to improve conditions inside prisons, improve the effectiveness of a penal system, or implement alternatives to incarceration.[1] It also focuses on ensuring the reinstatement of those whose lives are impacted by crimes.[1]
In modern times the idea of making living spaces safe and clean has spread from the civilian population to include prisons, on ethical grounds which honor that unsafe and unsanitary prisons violate constitutional (law) prohibitions against cruel and unusual punishment. In recent times prison reform ideas include greater access to legal counsel and family, conjugal visits, proactive security against violence, and implementing house arrest with assistive technology.
Theories of incarceration and reform[edit]
Retribution, vengeance and retaliation[edit]
This is founded on the "eye for an eye, tooth for a tooth" incarceration philosophy, which essentially states that if one person harms another, then equivalent harm should be done to them. One goal here is to prevent vigilantism, gang or clan warfare, and other actions by those who have an unsatisfied need to "get even" for a crime against them, their family, or their group. It is, however, difficult to determine how to equate different types of "harm". A literal case is where a murderer is punished with the death penalty, the argument being "justice demands a life for a life". One criticism of long term prison sentences and other methods for achieving justice is that such "warehousing" of criminals is rather expensive, this argument notwithstanding the fact that the multiple incarceration appeals of a death penalty case often exceed the price of the "warehousing" of the criminal in question. Yet another facet of this debate disregards the financial cost for the most part. The argument regarding warehousing rests, in this case, upon the theory that any punishment considered respectful of human rights should not include imprisoning humans for life without a chance of release—that even death is morally and ethically a higher road than no-parole prison sentences.
Deterrence[edit]
The criminal is used as a "threat to themselves and others". By subjecting prisoners to harsh conditions, authorities hope to convince them to avoid future criminal behavior and to exemplify for others the rewards for avoiding such behavior; that is, the fear of punishment will win over whatever benefit or pleasure the illegal activity might bring. The deterrence model frequently goes far beyond "an eye for an eye", exacting a more severe punishment than would seem to be indicated by the crime. Torture has been used in the past as a deterrent, as has the public embarrassment and discomfort of stocks, and, in religious communities, ex-communication. Executions, particularly gruesome ones (such as hanging or beheading), often for petty offenses, are further examples of attempts at deterrence. One criticism of the deterrence model is that criminals typically have a rather short-term orientation, and the possibility of long-term consequences is of little importance to them. Also, their quality of life may be so horrific that any treatment within the criminal justice system (which is compatible with human rights law) will only be seen as an improvement over their previous situation. There used to be many European Monks who disagreed with the containment of the mentally ill, and their ethics had a strong influence on Dorothea Dix's mission to find a proper way to care for the challenged people.
Rehabilitation, reform and correction[edit]
("Reform" here refers to reform of the individual, not the reform of the penal system.) The goal is to "repair" the deficiencies in the individual and return them as productive members of society. Education, work skills, deferred gratification, treating others with respect, and self-discipline are stressed. Younger criminals who have committed fewer and less severe crimes are most likely to be successfully reformed. "Reform schools" and "boot camps" are set up according to this model. One criticism of this model is that criminals are rewarded with training and other items which would not have been available to them had they not committed a crime.
Prior to its closing in late 1969, Eastern State Penitentiary, then known as State Correctional Institution, Philadelphia, had established a far reaching program of voluntary group therapy with the goal of having all inmates in the prison involved. From 1967 when the plan was initiated, the program appears to have been successful as many inmates did volunteer for group therapy. An interesting aspect was that the groups were to be led by two therapists, one from the psychology or social work department and a second from one of the officers among the prison guard staff.[39]
Removal from society[edit]
The goal here is simply to keep criminals away from potential victims, thus reducing the number of crimes they can commit. The criticism of this model is that others increase the number and severity of crimes they commit to make up for the "vacuum" left by the removed criminal. For example, incarcerating a drug dealer will result in an unmet demand for drugs at that locale, and an existing or new drug dealer will then appear, to fill the void. This new drug dealer may have been innocent of any crimes before this opportunity, or may have been guilty of less serious crimes, such as being a look-out for the previous drug dealer.
Restitution or repayment[edit]
Prisoners are forced to repay their "debt" to society. Unpaid or low pay work is common in many prisons, often to the benefit of the community. In some countries prisons operate as labour camps. Critics say that the repayment model gives government an economic incentive to send more people to prison. In corrupt or authoritarian regimes, such as the former Soviet Union under the control of Joseph Stalin, many citizens are sentenced to forced labour for minor breaches of the law, simply because the government requires the labour camps as a source of income. Community service is increasingly being used as an alternative to prison for petty criminals.[40]
Reduction in immediate costs[edit]
Government and prison officials also have the goal of minimizing short-term costs; however, there could be a way for prisons to become self-sustaining independent institutions—with little need for government funds.
Some of the goals of criminal justice are compatible with one another, while others are in conflict. In the history of prison reform, the harsh treatment, torture, and executions used for deterrence first came under fire as a violation of human rights. The salvation goal, and methods, were later attacked as violations of the individual's freedom of religion. This led to further reforms aimed principally at reform/correction of the individual, removal from society, and reduction of immediate costs. The perception that such reforms sometimes denied victims justice then led to further changes.