DETERMINATE SENTENCING AND DETERMINATE PRISON PROGRAM DESIGNS (FROM CA. DEPT. OF CORR. - REP. ON COLLQ. ON CORR. FACILITIES PLANNING, NOVEMBER 3-4, 1977, BY NORA HARLOW - SEE NCJ-46915)

• NCJ Number: 46924
• Author(s): D FOGEL
• Date Published: 1978
• Length: 17 pages
• Corporate Author: American Justice Institute; California State Dept of Corrections
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

THE INADEQUACIES OF THE TREATMENT/REHABILITATION MODEL OF CORRECTIONS ARE EXAMINED, AND A JUSTICE MODEL FOR PRISONS IS ELUCIDATED.

Abstract

IT IS SUGGESTED THAT RHETORICAL CLAIMS IN CORRECTIONS MUST BE NARROWED, AND IMPRISONMENT MUST BE SEEN AS RESPONSIVE FOR EXECUTING THE SENTENCE THROUGH THE DEPRIVATION OF LIBERTY, BUT WITHIN THE CONTEXT OF JUSTICE, RATIONALITY, AND CONSTITUTIONALITY. THE PRISONER IS VOLITIONAL AND VOLITION IS SUBVERSIVE OF THE VERY BASIS OF THE CLINICAL MODEL. REHABILITATION REQUIRES A CHOICE ON THE PART OF THE INMATE TO BE REHABILITATED AND REQUIRES THAT THE INMATE FEEL INADEQUATE AND IN NEED OF REMEDIATION. IN A JUSTICE MODEL OF INCARCERATION, IMPRISONMENT MAY BE SEEN AS THAT PERIOD OF TIME IN WHICH THE PRISON TRIES TO REORIENT THE PRISONERS TO THE LAWFUL USE OF POWER. THIS INFLUENCE ATTEMPT MUST BE BASED UPON THE OPERATIONALIZATION OF JUSTICE AS FAIRNESS, WITHOUT MORALIZING. WHILE OPPORTUNITIES SHOULD BE OFFERED FOR SELF-IMPROVEMENT, THEY SHOULD NOT BE MADE A CONDITION OF FREEDOM, FOR TO IMPOSE A PHILOSOPHY OF REHABILITATION OFFENDS SIMPLE JUSTICE. UNDER THE REHABILITATION MODEL, THE CONTINUUM OF JUSTICE IS DISRUPTED ONCE THE PRISONER ENTERS THE CORRECTIONAL SYSTEM. THE JUSTICE SYSTEM OUTSIDE CORRECTIONS EMPHASIZES THE VOLITION OF THE OFFENDER THROUGHOUT ARREST, TRIAL, AND CONVICTION; HOWEVER, ONCE THE OFFENDER ENTERS THE PRISON HE IS PLACED IN TREATMENT REGIMES WHICH ASSUME NONVOLITIONAL BEHAVIORS ON THE PART OF THE PRISONER BASED ON DETERMINISTIC PHILOSOPHIES WHICH NEGLECT CONCEPTS OF PERSONAL RESPONSIBILITY. MOREOVER, WHEN UNLAWFUL BEHAVIOR OCCURS WITHIN THE PRISON IT IS OFTEN DEALT WITH IN THE ABSENCE OF STANDARDS OF JUSTICE WHICH ARE INSISTED UPON OUTSIDE THE PRISON. SUCH TREATMENT IS NOT CONDUCIVE TO TEACHING THE INMATE THE LAWFUL USE OF POWER. IN THE JUSTICE MODEL, THE OPERATIONALIZATION OF FAIRNESS FOR BOTH THE STAFF AND THE INMATES WILL REQUIRE THE MITIGATION OF HARSHNESS, PEACEFUL CONFLICT RESOLUTION, AND A SAFER STAFF WORK ENVIRONMENT. THE PRISON SENTENCE SHOULD BE SEEN AS PUNISHMENT, BUT SHOULD NOT BE VENGEFUL. WHILE PROGRAMS SHOULD BE AVAILABLE TO INMATES, THESE PROGRAMS SHOULD BE BASED ON THE FREE CHOICE OF THE PRISONER; CHOICE IS NOT VIEWED AS AN INDICATOR OF CLINICAL PROGRESS OR A BASIS FOR RELEASE DECISIONS. FINALLY, ALTERNATIVES TO THE FORTRESS PRISON WILL BE NECESSARY TO THE IMPLEMENTATION OF A JUSTICE MODEL. SUCH ALTERNATIVES SHOULD BE BUILT IN OR NEAR URBAN CENTERS, AND BE ORGANIZED IN A DECENTRALIZED AND SEGREGATED MANNER (BY A VOLUNTARILY DEVISED WORK, TREATMENT, EDUCATIONAL, OR OTHER PROGRAM). A PRISON TERM SHOULD BE REASONABLE AND PERMIT THE MAXIMUM AMOUNT OF INMATE DIGNITY, PERSONAL RESPONSIBILITY, AND SELF-DETERMINATION.