NCJ Number
44829
Editor(s)
M MATLIN
Date Published
1977
Length
34 pages
Annotation
ARGUMENTS FOR AND AGAINST A MORATORIUM ON CONSTRUCTION OF NEW PRISONS ARE PRESENTED IN A DEBATE BETWEEN A SENIOR FELLOW OF THE CENTER ON CRIME AND JUSTICE AND THE HEAD OF THE NATIONAL COUNCIL ON CRIME AND DELINQUENCY.
Abstract
THE MORATORIUM OPPONENT NOTES THAT NEW PRISONS MUST BE BUILT BECAUSE THE LAW REQUIRES THE CONFINEMENT OF VIOLATORS, BECAUSE LEGISLATORS AND JUDGES ARE NOT LIKELY TO MODIFY THEIR IMPRISONMENT POLICIES, AND BECAUSE EXISTING PRISONS ARE UNACCEPTABLE IN A CIVILIZED SOCIETY. HE DESCRIBES PRISON AS A SOCIAL INSTITUTION THAT MANAGES A PROCESS WITHOUT A COMMITMENT TO OBJECTIVES. GIVEN THAT PRISONS MUST AND WILL SURVIVE FOR THE RESTRAINT OF SERIOUS OFFENDERS FOR WHOM NO OTHER DISPOSITION WILL SUFFICE, IT FOLLOWS THAT THE PRISON SYSTEM MUST BE TRANSFORMED INTO A CIVILIZED SOCIAL INSTITUTION. THE ADVOCATE OF THE CONSTRUCTION MORATORIUM ARGUES FOR A 'BREATHING SPACE,' I.E., A PERIOD DURING WHICH GOVERNMENT CAN PLAN AND ESTABLISH PROGRAMS FOR OFFENDERS WHO DO NOT REQUIRE IMPRISONMENT. AFTER IT HAS BEEN DETERMINED HOW MANY AND WHAT KIND OF OFFENDERS CAN BE DEALT WITH IN NONINSTITUTIONAL SETTINGS, THEN THE NEED FOR NEW PRISON BUILDINGS CAN BE ASSESSED SENSIBLY AND APPROPRIATE CONSTRUCTION CAN BE UNDERTAKEN. THE PROPONENT ARGUES THAT, RATHER THAN CONCENTRATING ON BUILDING MORE PRISONS, EFFORTS SHOULD BE FOCUSED ON ACHIEVING GREATER RATIONALITY IN DEALING WITH OFFENDERS. THE DIALOGUE BRINGS TO LIGHT THE RISKS TO BE TAKEN INTO ACCOUNT IN DECIDING WHICH COURSE TO FOLLOW WITH REGARD TO THE CONSTRUCTION OF NEW PRISONS. (LM)