NCJ Number
49492
Journal
Revue de droit penal et de criminologie Volume: 57 Issue: 10 Dated: (JULY 1977) Pages: 821-829
Date Published
1977
Length
9 pages
Annotation
THE HISTORY AND EFFECTIVENESS OF IMPRISONMENT AS A PENALTY FOR CRIMINAL ACTIVITIES ARE EXAMINED TO PROVIDE INSIGHT INTO THE PRISON CRISIS.
Abstract
THE FUNCTION OF IMPRISONMENT FROM THE STANDPOINT OF THE ENLIGHTENMENT 'STATE OF LAWS' BASED ON A SOCIAL CONTRACT WAS RETRIBUTION, INTIMIDATION, AND CORRECTION. IN THE COURSE OF EVOLUTION SINCE THAT TIME, EMPHASIS HAS SHIFTED TO REEDUCATION, FREQUENTLY OUTSIDE THE PRISON, A GOAL WHICH IS IN CONFLICT WITH THE CLASSICAL FUNCTIONS FOR WHICH PRISONS WERE ESTABLISHED. NEGATIVE ASPECTS OF IMPRISONMENT ARE THE HIGH RECIDIVISM RATES RESULTING FROM GROUPING OFFENDERS TOGETHER, THE DESTRUCTIVENESS AND DEGRADATION OF THE INDIVIDUAL PERSONALITY CAUSED BY IMPRISONMENT, SEGREGATION OF UNDERPRIVILEGED INDIVIDUALS FROM THE REST OF SOCIETY, AND LOSS OF INDIVIDUALS FROM SOCIETY. CURRENT EFFORTS ATTEMPT TO AVOID PLACING NOVICE OFFENDERS TOGETHER WITH HARDENED CRIMINALS AND SUBMITTING INDIVIDUALS TO BLINDLY AUTOMATIC OPERATION OF A JUDICIAL MACHINE. POSITIVE ARGUMENTS FOR IMPRISONMENT INCLUDE THE INCREASE IN RECENT CRIME RATES, THE NECESSITY OF NEUTRALIZING DANGEROUS INDIVIDUALS, AND THE IMPORTANCE OF PROTECTING AND ENFORCING THE VALUES OF SOCIETY. DEVELOPMENT OF AN EFFECTIVE SYSTEM OF CRIMINAL REHABILITATION REQUIRES ABANDONMENT OF THE OBSESSION WITH INCARCERATION FOR ALL CASES, SCIENTIFIC STUDY OF PERSONALITY STRUCTURES TO PERMIT EVALUATION OF OFFENDERS, COORDINATION OF SUBSTITUTE PENALITIES; AND ESTABLISHMENT OF A STRATIFIED STRATEGY FOR REACTING TO CRIME AND AN EFFECTIVE PREVENTIVE PROGRAM. NO REFERENCES ARE INCLUDED. --IN FRENCH. (KMD)