NCJ Number
62280
Date Published
1979
Length
34 pages
Annotation
THE CONCEPTS OF RESTRAINT, INCAPACITATION, AND DETERRENCE ARE DEFINED AND DISCUSSED AS THEY RELATE TO CORRECTIONAL MANAGEMENT PHILOSOPHY AND CRIME CONTROL EFFORTS.
Abstract
CORRECTIONAL TREATMENT PROGRAMS ARE APPARENTLY UNABLE TO REHABILITATE OFFENDERS. THIS FAILING HAS LED TO A REVIVAL OF INTEREST IN DETERRENCE AND HAS FOSTERED ATTEMPTS TO ESTIMATE THE INCAPACITATIVE EFFECTS OF IMPRISONMENT. THE CRITICAL COURSE OF INTELLECTUAL CONFUSION IS THE PRISON. THIS INSTITUTION HAS SUCH A VARIETY OF PURPOSES THAT EVERY IMPORTANT IDEA IN PENOLOGY IS IMPLICATED. RETRIBUTION, DETERRENCE, REHABILITATION, CRIMINALIZATION, RECIDIVISM, PUNISHMENT, AND INCAPACITATION ARE FACTORS TO BE CONSIDERED IN CORRECTIONAL PLANNING AND CRIME CONTROL. INCAPACITATION IS AN EFFECT THAT CAN RESULT FROM APPLYING RESTRAINT TO IDENTIFIABLE PERSONS. RESTRAINT IS ANY DELIBERATE INTERFERENCE WITH THE ACCOMPLISHMENT OF A CRIMINAL ACT OR OTHER UNDESIRABLE BEHAVIOR. DETERRENCE (REACTION TO LEGAL THREAT) AND TREATMENT (INDUCED BEHAVIORAL CHANGE) SEEK TO PREVENT CRIME BY INHIBITING THE MOTIVATIONS TO ENGAGE IN IT. THERE ARE NO PURE FORMS OF RESTRAINT IN CRIMINAL JUSTICE. EXAMPLES OF RESTRAINT INCLUDE PENAL RESTRAINT, INADVERTENT INCAPACITATION, EXECUTION, INCARCERATION, AND RESTRAINT WITHIN THE COMMUNITY (SUSPENDED SENTENCE). RESTRAINT AND LEGAL THREAT OPERATE JOINTLY CONTROLLING CRIME. THESE TWO METHODS ARE ALTERNATIVES, STAYING WITHIN THE RETRIBUTIVE LIMITS IMPOSED BY LAWFULNESS. ONE CAN BE USED INSTEAD OF THE OTHER. ELECTION OF RESTRAINT OVER EFFORTS TO DETER (LEGAL THREATS) IS AN INAPPROPRIATE CHOICE. TO ADVOCATE 'LOCKING 'EM UP' IS TO ACQUIESCE TO THE BARBARISM OF CONFINEMENT AND TO ACCEPT THE 'OVERKILL' INHERENT IN RESTRAINT METHODS. SOCIETY SHOULD SEEK OTHER WAYS TO REDUCE EVIL AND CRIME; USE OF PRISONS ADMITS FAILURE TO FIND APPROPRIATE SOLUTIONS. NOTES ARE INCLUDED IN THE CHAPTER. (AUTHOR ABSTRACT MODIFIED--LWM)