PENAL THEORY, PENAL REFORM AND BORSTAL PRACTICE - AN EXAMPLE OF PRESCIENCE?

• NCJ Number: 55067
• Journal: British Journal of Criminology Volume: 3 Issue: 3 Dated: (JANUARY 1963) Pages: 257-275
• Author(s): A LITTLE
• Date Published: 1963
• Length: 19 pages
• Corporate Author: Stevens and Sons; Institute for the Study and Treatment of Delinquency
• Publication Format: Article
• Language: English
• Country: United Kingdom

Annotation

THIS PAPER SUMMARIZES A PROPOSED PROGRAM OF ENGLISH PENAL REFORM, ARGUES THAT MANY OF THESE REFORM MEASURES ARE BORSTAL PRACTICE, AND SUGGESTS THAT THE BORSTAL EXPERIENCE HAS PROVED THE PROGRAM TO BE UNSATISFACTORY.

Abstract

THE MINIMUM PENAL REFORM PROGRAM OFTEN PROPOSED IN ENGLAND WOULD ENTAIL A GREATER VARIETY OF SMALL INSTITUTIONS TO HANDLE SPECIFIC TYPES OF PRISONERS ON A MORE INDIVIDUAL BASIS, A SYSTEM OF HOME LEAVE TO PROVIDE FOR PRISONERS' GRADUAL REENTRY INTO SOCIETY, PROVISIONS FOR FAMILY VISITS, IMPROVED SOCIAL AND PSYCHIATRIC COUNSELING, BETTER TRAINED AND BETTER PAID STAFF, AN IMPROVED WORK PROGRAM INCLUDING PROVISIONS FOR HIGHER INMATE WAGES, GREATER USE OF PAROLE AND PROBATION FAVILITIES, AND MORE RATIONAL SENTENCING PROCEDURES. THIS MINIMUM PROGRAM IGNORES IMPORTANT ASPECTS OF PENAL REFORM: THE SENTENCE ITSELF, WHICH SHOULD BE LONGER TO INCREASE TRAINING TIME FOR THE OFFENDER AND TO GIVE A GREATER SAY TO PENAL OFFICERS IN SELECTING OFFENDERS SUITABLE FOR INSTITUTIONAL TRAINING; ALLOCATION-CLASSIFICATION, A PROCESS OF DIAGNOSING OFFENDERS TO DETERMINE THEIR NEEDS AND CAPABILITIES; INSTITUTIONAL FACILITIES, WHICH ARE OVERCROWDED, UNSANITARY, AND RUN BY POORLY TRAINED STAFF; AND DISCHARGE AND AFTERCARE, A PROCESS THAT SHOULD BE CARRIED OUT IN STAGES. THE BORSTAL SENTENCE LASTS FOR FOUR YEARS, IS PASSED ONLY AFTER THE COURT IS SATISFIED THAT THE OFFENDER IS SUITABLE FOR THE PRISON. THE BORSTAL SYSTEM HAS A WIDE RANGE OF SMALL INSTITUTIONS AND HAS AN AFTER-CARE PROCESS THAT IS LENGTHY AND INTEGRATED WITH THE TRAINING PERIOD. BORSTAL SYSTEM APPEARS TO HAVE IMPLEMENTED THE PROPOSED REFORMS EXCEPT FOR PSYCHOLOGICAL STAFFING AND TREATMENT, WHICH IS STILL WEAK. REGARDING THE RELATIVE BENEFIT OF THE 'REFORMED' BORSTAL SYSTEM AS COMPARED TO THE OTHER PRISON SYSTEM, RESEARCH SHOWS THAT THE BORSTAL SYSTEM DOES NOT APPEAR TO BE ANY MORE SUCCESSFUL IN CHANGING OFFENDERS INTO NONOFFENDERS AS INDICATED IN THE REPORT OF THE COMMISSIONERS FOR PRISONS, 1959 AND BENSON, 1959. REFERENCES ARE PROVIDED.