CONTROL WITHOUT REPRESSION? (FROM PRISONS PAST AND FUTURE, 1978, BY JOHN C FREEMAN - SEE NCJ-58327)

• NCJ Number: 58336
• Author(s): I ANTTILA
• Date Published: 1978
• Length: 10 pages
• Corporate Author: Heinemann Educational Books Ltd
• Publication Format: Document
• Language: English
• Country: United Kingdom

Annotation

THE POSSIBILITIES OF ACHIEVING CONTROL WITHOUT REPRESSION IN PRISONS, PENAL SYSTEMS, AND SOCIETY ARE EXPLORED.

Abstract

SOCIETY NEEDS PUNISHMENT, DEFINED AS PUBLIC AND AUTHORITATIVE DENUNCIATION BY THE STATE OF INDIVIDUAL CASES OF WILLFUL HARMFUL BEHAVIOR. BY PLACING THE OFFENDER IN PRISON, SOCIETY DRAMATIZES THE SEVERITY OF THE DENUNCIATION. IT IS UNLIKELY THAN AN INSTITUTION SERVING SUCH A PURPOSE COULD BE TRANSFORMED INTO A PLACE WHERE SOCIETY SENDS OFFENDERS TO BE TREATED, OR WHERE ALL OFFENDERS VOLUNTARILY SEEK TREATMENT. HOWEVER, REFORMS WITHIN PRISONS ARE IMPORTANT, AND PRISONS ARE NEEDED ONLY AS LONG AS AND TO THE EXTENT THAT THERE ARE NO OTHER PROPER ALTERNATIVES. EVEN THOUGH PRISONS CANNOT BE DROPPED FROM THE SYSTEM, ALTERNATIVES TO THEIR USE SHOULD CONSTANTLY BE SOUGHT. A NUMBER OF PROPOSALS FOR SANCTIONS THAT ARE BASICALLY REPRESSIVE BUT LESS SEVERE THAN IMPRISONMENT HAVE BEEN POSED AND TESTED IN SCANDINAVIA AND ELSEWHERE. IN ASSESSING SUCH PROPOSALS, IT IS IMPORTANT NOT TO THINK THAT GIVING A SANCTION A NEW NAME NECESSARILY MAKES IT LESS REPRESSIVE. THE GOAL OF ACHIEVING CONTROL WITHOUT REPRESSION EXTENDS BEYOND THE PENAL SYSTEM TO THE QUESTION OF WHETHER SOCIETY MIGHT REPLACE OFFICIAL CONTROL WITH OTHER FORMS OF CONTROL. PROPOSALS IN THIS AREA INCLUDE THE FOLLOWING: (1) LESSENING BUREAUCRATIC INTERVENTION IN CONFLICTS BY ALLOWING VICTIMS AND OFFENDERS TO SETTLE THEIR DIFFERENCES AT THE INDIVIDUAL LEVEL; (2) DECENTRALIZING CONTROL BY REGARDING AN OFFENSE AS A MATTER AFFECTING THE IMMEDIATE CIRCLE OF BOTH THE VICTIM AND THE OFFENDER (E.G., PEER COURTS, WHICH PLACE THE RESPONSIBILITY FOR DEALING WITH PETTY OFFENDERS, WITH THE OFFENDERS' FELLOW WORKERS OR NEIGHBORS; (4) DECRIMINALIZING CERTAIN BEHAVIOR, THEREBY REDUCING OPPORTUNITIES FOR OFFICIAL INTERVENTION; AND (5) REPLACING NEGATIVE SANCTIONS WITH POSITIVE SANCTIONS, OR AT LEAST ACHIEVING SOME BALANCE BETWEEN THE TWO. IN EXPLORING WAYS OF ACHIEVING CONTROL WITHOUT REPRESSION, IT SHOULD BE REMEMBERED THAT THE CRIME CONTROL SYSTEM PLAYS ONLY A MODEST ROLE IN DETERMINING THE AMOUNT AND STRUCTURE OF CRIMINALITY. (LKM)