VICARIOUS EXPIATION - A THEORY OF PRISON AND SOCIAL REFORM

• NCJ Number: 16186
• Journal: Crime and Delinquency Volume: 20 Issue: 4 Dated: (OCTOBER 1974) Pages: 359-372
• Author(s): J F ELSE; K D STEPHENSON
• Date Published: 1974
• Length: 14 pages
• Corporate Author: National Council on Crime and Delinquency
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

EXPIATION BOTH AS A THEOLOGICAL AND AS A CRIMINOLOGICAL CONCEPT IS EXAMINED IN CONJUNCTION WITH SOCIALIZATION AND DIFFERENTIAL ASSOCIATION TO DEVELOP A NEW PERSPECTIVE ON PRISON REBELLIONS AND ON BOTH PRISON AND SOCIAL REFORM.

Abstract

IN THE CONVENTIONAL WISDOM, EXPIATION IS CONSIDERED A SOUND JUSTIFICATION FOR IMPRISONMENT. A MAN COMMITS A CRIME, HE MUST 'PAY', MUST ATONE FOR IT. ON THE BASIS OF AN EXAMINATION OF THE TRADITIONAL CONCEPT OF EXPIATION, THIS ARTICLE SUGGESTS NEW IMPLICATIONS FOR THE CRIMINAL JUSTICE SYSTEM. STUDYING THE IMPLICATIONS OF SOCIALIZATION AND DIFFERENTIAL ASSOCIATION WITHIN A LARGER, LEGAL-MORAL DIMENSION EVOKES WHAT SOME MIGHT REGARD-AND DISMISS OUT OF HAND-AS A MORE STARTLING PROPOSAL THAT SOCIETY AT LARGE SHOULD BE HELD AT LEAST PARTIALLY RESPONSIBLE FOR CRIMES WHOSE GUILT IS NORMALLY IMPOSED SOLELY ON THE IMPRISONED OFFENDER. ON THE WHOLE, SOCIETY DOES NOT-OFFICIALLY AT LEAST-ACCEPT THIS CONCEPT. SOCIETY CERTAINLY DOES NOT ENGAGE IN THE PROCESS OF EXPIATION TO A DEGREE COMPARABLE TO THE FELON'S PARTICIPATION. IF EXPIATION IS REEXAMINED IN THE LIGHT OF OUR SOCIETY'S AT LEAST VERBALLY SHARED JUDEO-CHRISTIAN TRADITION, THE IMPRISONED FELON CAN BE VIEWED AS A VICARIOUS EXPIATOR. IN PAYING HIS DEBT TO SOCIETY, THE FELON, IN A VERY TANGIBLE SENSE, IS PAYING SOCIETY'S DEBT TO ITSELF, ATONING FOR SOCIETY'S FAILURE TO PROVIDE A MILIEU IN WHICH CRIME WOULD NOT BE INSTITUTIONALLY INDUCED, ABETTED, EXPECTED, EVEN REWARDED. PERHAPS IN MOST INSTANCES THE PRISONER HIMSELF IS NOT AWARE OF PLAYING A VICARIOUS ROLE. HOWEVER, PRISON REVOLTS, IF THEY ARE TO BE RESOLVED AND PREVENTED, DEMAND THAT ALL WHO ARE INVOLVED IN THEM-INSIDE OR OUTSIDE PRISON GATES-COME TO GRIPS WITH ALL FACTORS CAUSING CRIME AND GOVERNING ITS PUNISHMENT. THE ROLE OF PRISON HOSTAGES CAN BE SEEN AS INMATES' ATTEMPTS TO FORCE SOCIETY TO RECOGNIZE ITS SHARE OF EXPIATORY RESPONSIBILITY. RECENT JUDICIAL FINDINGS SUPPORT THE VIEW THAT SOCIETY IS BECOMING MORE AWARE OF THE BURDEN IT TRULY SHARES IN CAUSING AND ATONING FOR CRIMES. (AUTHOR ABSTRACT)