NCJ Number
43088
Date Published
1977
Length
31 pages
Annotation
A 'JUSTICE MODEL', WHICH CLAIMS PRISON IS ONLY TO CORRECT, NOT REHABILITATE, AND WHICH PROPOSES GREATER USE OF PRISON ALTERNATIVES, IS PRESENTED TO IMPROVE U.S. CRIMINAL JUSTICE.
Abstract
THE MODEL SAYS PRISON SHOULD BE AN ENFORCED DEPRIVATION OF LIBERTY AS PUNISHMENT FOR SOME OFFENSE AND SHOULD BE HONESTLY STATED AS SUCH. WHEN THE RHETORIC OF MORALITY AND PSYCHOLOGICAL REDEMPTION IS ELIMINATED, BOTH CORRECTIONAL OFFICIALS AND PRISONERS CAN DEAL WITH THE SYSTEM HONESTLY. GOALS FOR THE PRISON ENVIRONMENT SHOULD INCLUDE MITIGATION OF HARSHNESS, PEACEFUL CONFLICT RESOLUTION, AND A SAFER STAFF WORK ENVIRONMENT. FAIRNESS SHOULD BE THE UNDERGIRDING PRINCIPLE. SELF-GOVERNMENT SHOULD BE A JOINT VENTURE BETWEEN STAFF AND INMATES; SELF-GOVERNMENT COUNCILS COULD BE A GOOD EARLY-WARNING SYSTEM FOR PRISON TROUBLES. THE OMBUDSMAN SYSTEM IS RECOMMENDED TO HELP INSURE PEACEFUL CONFLICT RESOLUTION. ALTERNATIVES TO PRISON ARE CONSIDERED, INCLUDING PROBATION, PAROLE, AND VICTIM RESTITUTION. TABLES PRESENT A PROPOSED FLAT-TIME PUNISHMENT SYSTEM WHICH IS SUGGESTED AS A POSSIBLE DETERRENT TO CRIME AND A WAY TO AVOID INCONSISTENCIES IN ADMINISTRATION OF THE PAROLE SYSTEM. MITIGATING AND AGGRAVATING FACTORS WHICH SHOULD BE CONSIDERED IN SENTENCING DECISIONS ARE LISTED. THE NEED FOR SMALLER CUSTODIAL INSTITUTIONS IS EXAMINED FOR THOSE WHOSE OFFENSES ARE NOT SEVERE ENOUGH FOR LARGER FACILITIES BUT WHOSE PAST BEHAVIOR INDICATES NEED FOR CORRECTIONAL BEHAVIOR. THESE WOULD ELIMINATE THE OPPRESSIVE FEATURES OF LARGE CONGREGATE LIVING, ENABLE MORE INDIVIDUALIZED TREATMENT, AND PROVIDE A SAFER WORK ENVIRONMENT FOR THE GUARDS. MASSIVE REFORM IS NECESSARY IF THE CRIME PROBLEM IS TO BE REDUCED.