Rehabilitation (penology)

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Rehabilitation is the process of re-educating those who have committed a crime and preparing them to re-enter society. The goal is to address all of the underlying root causes of crime in order to decrease the rate of recidivism once inmates are released from prison. [1] It generally involves psychological approaches which target the cognitive distortions associated with specific kinds of crime committed by individual offenders, but it may also entail more general education like reading skills and career training. The goal is to re-integrate offenders back into society.

Contents

Methods

A successful rehabilitation of a prisoner is also helped if convicted persons:

See also prisoners' rights.

Applications

Norway

Norway's prison system is based on the principle of normalization and away from retribution to focus on rehabilitation. [4] Inmates have access to amenities they would have outside of prison, such as an exclusive mini fridge, flat-screen TV, private bathroom, and access to outdoor environment. [5] [6] This, along with a shared kitchen and living area "to create a sense of family" among inmates and the absence of traditional prison uniforms contributes to Norway's rehabilitative normalcy system. [5] [6] The prison's structure is composed of Units A, B and C, with Unit A housing those in need of psychiatric or medical attention, thus being the most prohibitive of the three. [7] Halden fengsel, referred to as the "world's most humane maximum-security prison", embodies the country's goal of reintegration by aiding inmates in sorting out housing and employment before leaving the prison. [7] Rehabilitative measures involve education, job training, workshops to acquire a trade, and therapy along with the humane treatment they receive from personnel who have to complete three years of training to become prison guards. [5] [8]

The effectiveness of Norway's methods is evident as they hold the lowest recidivism rate worldwide at 20% as of December 2014. [9] [5] [8] In comparison, in 2007, 14 prisons in England and Wales had reconviction rates of more than 70%, which cost an average of £40,000 a year for each prisoner. This has been accused of being "a huge investment in failure" and a "a total lack of consideration for potential future victims of released prisoners". [8] "Better out than in" is Norway's Correctional Service unofficial motto that is in view with their rehabilitative system as a justice to society by integrating inmates as functioning members of society upon release. [7] [8]

Meditation

Vipassanā 10-day meditation courses were first taught in prisons in India in 1975. They have since been conducted in the US (1997–present), UK (1998), Spain (2003), Israel (2007) and Ireland (2015). Vipassana meditation aims to reduce negative mental states such as anger and aggression, and provide a path to inner peace. [10] [11]

Medical

Certain criminals can be treated chemically so that they do not become criminals again. [12]

Legislation

Europe

As established by the Council of Europe committee of ministers, "a crime policy aimed at crime prevention and the social reintegration of offenders should be pursued and developed". [3]

"The European Court of Human Rights, also, has stated in various judgments that, while punishment remains one of the aims of imprisonment, the emphasis in European penal policy is now on the rehabilitative aim of imprisonment, particularly towards the end of a long prison sentence. ... A prospect of release is necessary, because human dignity requires that there must be a chance for a prisoner to atone for his offence and move towards rehabilitation. A review system is also needed because, over the course of a very long sentence, the balance between the grounds of detention (punishment, deterrence, public protection and rehabilitation) can shift to the point that detention can no longer be justified." [2]

Germany

Per the German constitution, "Everyone has the right to life and to inviolability of his person. The freedom of the individual is inviolable. These rights may only be encroached upon pursuant to a law".

Italy

Per the Italian constitution, "Punishment cannot consist in treatment contrary to human dignity and must aim at rehabilitating the condemned".

United Kingdom

The Rehabilitation of Offenders Act 1974 of the UK Parliament enables some criminal convictions to be ignored after a rehabilitation period.

United States

The United States Code states that sentencing judges shall make imprisonment decisions "recognizing that imprisonment is not an appropriate means of promoting correction and rehabilitation". [13]

In 2015 a number of reformers, including Koch family foundations, the ACLU, the Center for American Progress, Families Against Mandatory Minimums, the Coalition for Public Safety, and the MacArthur Foundation, announced a bipartisan resolution to reform the criminal justice system in the United States. Their efforts were lauded by President Obama who noted these reforms will improve rehabilitation and workforce opportunities for those who have served their sentences. [14] [15] [16] [17]

Over the last few decades, the United States prison population has increased significantly. While prisons are considered punishment, they also are intended to have the purpose of future crime prevention. A recent study found that of $74 billion total spent on incarceration among federal, state and local prisons, less than 1% of that was spent on prevention and treatment. Incarceration not only harms the individual as intended, but also has unintended negative effects on the inmate's family, community, and overall society. Inmate education has been shown to reduce recidivism. Evidence shows that inmates overwhelmingly take advantage of education programs if they are available to them and if they can afford them. A recent study showed the earning a GED while incarcerate reduced recidivism rates by 14% for those under 21, and 5% for those over 21[ citation needed ]. Substance abuse is also a major issue in the prison system. Between 1996 and 2006, despite a modest population increase of 12%, the number of incarcerated individuals rose by 33% and the number of substance-abusing individuals rose by 43%[ citation needed ]. Existing treatment programs have shown solid[ citation needed ] evidence that drug treatment programs, along with support after release, are effective at reducing recidivism. Emotional and mental health counseling is a core component of successful inmate rehabilitation. Without the proper innate motivation and desire from the inmate, attempts to educate or assist with substance abuse are less effective[ citation needed ]. A study revealed that more than half of those incarcerated had a mental health problem, defined as a recent history or symptoms of a mental health problem within the previous 12 months. [18] California's juvenile justice system is based on rehabilitation instead of punishment. [19]

Psychopathy and recidivism

Criminal recidivism is highly correlated with psychopathy. [20] [21] [22] The psychopath is defined by an uninhibited gratification in criminal, sexual, or aggressive impulses and the inability to learn from past mistakes. [20] [21] [22] Individuals with this disorder gain satisfaction through their antisocial behavior and lack remorse for their actions. [23]

Findings indicate psychopathic prisoners have 2.5 times higher probability of being released from jail than undiagnosed ones, even though they are more likely to recidivate. [24]

It has been shown[ by whom? ] that punishment and behavior modification techniques do not improve the behavior of a psychopath. Psychopathic individuals have been regularly observed to become more cunning and better able to hide their behaviour. It has been suggested that traditional therapeutic approaches actually make psychopaths if not worse[ by whom? ] , then far more adept at manipulating others and concealing their behavior. They are generally considered[ by whom? ] to be not only incurable but also untreatable. [25]

Psychopaths also have a markedly distorted sense of the potential consequences of their actions, not only for others, but also for themselves. They do not, for example, deeply recognize the risk of being caught, disbelieved or injured as a result of their behaviour. [26]

Criticism

Some criticisms of rehabilitative systems are that they can authorize lengthy restrictions of liberty (to allow time for diagnosis and treatment) and broad assumptions of governmental power over offenders' personalities. Moreover, due process concerns can be implicated by a lack of traditional safeguards of defendants' procedural rights in rehabilitative processes. Some rehabilitative programs, such as drug courts, have also been criticized for widening the net of penal control by sentencing more defendants to prison for violations of treatment regimes than would have gone to prison in the absence of those programs. [27]

Presumption of factual guilt

Another criticism of criminal rehabilitation is whether or not any criminal rehabilitation is warranted. This matter is dependent on whether or not a crime factually occurred. For instance, the foundational grounds (such as the philosophical framework that substantiates whether or not behavior is factually criminal) for which a person has been accused to have committed a crime may not be present. The matter of whether or not a crime factually occurred can be a matter of debate that cannot be resolved to prove that a crime factually occurred. This is evidenced by the fact that legal systems require instead that a burden of proof be met for the conviction of persons, whereby any alleged fulfillment of a burden of proof for a conviction to occur (not necessarily that the burden of proof was factually fulfilled) does not necessarily imply that a crime factually occurred. Thus, there is a difference between a defendant's "legal guilt" and "factual guilt." Presuming that no crime factually occurred, there will be no rehabilitation to be had by an alleged criminal offender.

See also

Related Research Articles

<span class="mw-page-title-main">Penology</span> Subfield of criminology

Penology is a subfield of criminology that deals with the philosophy and practice of various societies in their attempts to repress criminal activities, and satisfy public opinion via an appropriate treatment regime for persons convicted of criminal offences.

Criminal psychology, also referred to as criminological psychology, is the study of the views, thoughts, intentions, actions and reactions of criminals and suspects. It is a subfield of criminology and applied psychology.

<span class="mw-page-title-main">Incarceration in the United States</span> Form of punishment in United States law

Incarceration in the United States is one of the primary means of punishment for crime in the United States. In 2023, over five million people were under supervision by the criminal justice system, with nearly two million people incarcerated in state or federal prisons and local jails. The United States has the largest known prison population in the world, it has 5% of the world’s population, and 20% of the world’s incarcerated persons. China, with four times more inhabitants, has fewer persons in prison. Prison populations grew dramatically beginning in the 1970s, but began a decline around 2009, dropping 25% by year-end 2021.

<span class="mw-page-title-main">Prison abolition movement</span> Movement to end incarceration

The prison abolition movement is a network of groups and activists that seek to reduce or eliminate prisons and the prison system, and replace them with systems of rehabilitation and education that do not focus on punishment and government institutionalization. The prison abolitionist movement is distinct from conventional prison reform, which is intended to improve conditions inside prisons.

<span class="mw-page-title-main">Recidivism</span> Person repeating an undesirable behavior following punishment

Recidivism is the act of a person repeating an undesirable behavior after they have experienced negative consequences of that behavior, or have been trained to extinguish it. Recidivism is also used to refer to the percentage of former prisoners who are rearrested for a similar offense.

<span class="mw-page-title-main">Prison reform</span> Reform of the prison system

Prison reform is the attempt to improve conditions inside prisons, improve the effectiveness of a penal system, or implement alternatives to incarceration. It also focuses on ensuring the reinstatement of those whose lives are impacted by crimes.

<span class="mw-page-title-main">Prison education</span> Educational activities inside prisons

Prison education is any educational activity that occurs inside prison. Courses can include basic literacy programmes, secondary school equivalency programmes, vocational education, and tertiary education. Other activities such as rehabilitation programs, physical education, and arts and crafts programmes may also be considered a form of prison education. Programmes are typically provided, managed, and funded by the prison system, though inmates may be required to pay for distance education programmes. The history of and current practices in prison education vary greatly among countries.

<span class="mw-page-title-main">Penal system of Japan</span> Penal system of the State of Japan

The penal system of Japan is part of the criminal justice system of Japan. It is intended to resocialize, reform, rehabilitate and punish offenders. The penal system is operated by the Correction Bureau of the Ministry of Justice.

A prison nursery is a section of a prison that houses incarcerated mothers and their very young children. Prison nurseries are not common in correctional facilities in the United States, although prior to the 1950s many states had them and they are widespread throughout the rest of the world.

<span class="mw-page-title-main">Incapacitation (penology)</span> One of the functions of punishment

Incapacitation in the context of criminal sentencing philosophy is one of the functions of punishment. It involves capital punishment, sending an offender to prison, or possibly restricting their freedom in the community, to protect society and prevent that person from committing further crimes. Incarceration, as the primary mechanism for incapacitation, is also used as to try to deter future offending.

Prison contemplative programs are classes or practices that are offered at correctional institutions for inmates and prison staff. There are measured or anecdotally reported benefits from studies of these programs such a stress relief for inmates and staff. These programs are gaining in acceptance in North America and Europe but are not mainstream.

<span class="mw-page-title-main">Prison</span> Institution in which people are legally physically confined

A prison, also known as a jail, gaol, penitentiary, detention center, correction center, correctional facility, or remand center, is a facility where people are confined against their will and denied a variety of freedoms under the authority of the state, generally as punishment for various crimes. Authorities most commonly use prisons within a criminal-justice system: people charged with crimes may be imprisoned until their trial; those who have pled or been found guilty of crimes at trial may be sentenced to a specified period of imprisonment.

<span class="mw-page-title-main">Alternatives to imprisonment</span> Types of punishment or treatment other than time in prison

The alternatives to imprisonment are types of punishment or treatment other than time in prison that can be given to a person who is convicted of committing a crime. Some of these are also known as alternative sanctions. Alternatives can take the form of fines, restorative justice, transformative justice or no punishment at all. Capital punishment, corporal punishment and electronic monitoring are also alternatives to imprisonment, but are not promoted by modern prison reform movements for decarceration due to them being carceral in nature.

Prison overcrowding is a social phenomenon occurring when the demand for space in prisons in a jurisdiction exceeds the capacity for prisoners. The issues associated with prison overcrowding are not new, and have been brewing for many years. During the United States' War on Drugs, the states were left responsible for solving the prison overcrowding issue with a limited amount of money. Moreover, federal prison populations may increase if states adhere to federal policies, such as mandatory minimum sentences. On the other hand, the Justice Department provides billions of dollars a year for state and local law enforcement to ensure they follow the policies set forth by the federal government concerning U.S. prisons. Prison overcrowding has affected some states more than others, but overall, the risks of overcrowding are substantial and there are solutions to this problem.

<span class="mw-page-title-main">Incarceration prevention in the United States</span> Methods to reduce prison populations in America

Incarceration prevention refers to a variety of methods aimed at reducing prison populations and costs while fostering enhanced social structures. Due to the nature of incarceration in the United States today caused by issues leading to increased incarceration rates, there are methods aimed at preventing the incarceration of at-risk populations.

<span class="mw-page-title-main">Criminal justice reform in the United States</span> Reforms seeking to address structural issues in criminal justice systems of the United States

Criminal justice reform seeks to address structural issues in criminal justice systems such as racial profiling, police brutality, overcriminalization, mass incarceration, and recidivism. Reforms can take place at any point where the criminal justice system intervenes in citizens’ lives, including lawmaking, policing, sentencing and incarceration. Criminal justice reform can also address the collateral consequences of conviction, including disenfranchisement or lack of access to housing or employment, that may restrict the rights of individuals with criminal records.

People in prison are more likely than the general United States population to have received a mental disorder diagnosis, and women in prison have higher rates of mental illness and mental health treatment than do men in prison. Furthermore, women in prisons are three times more likely than the general population to report poor physical and mental health. Women are the fastest growing demographic of the United States prison population. As of 2019, there are about 222,500 women incarcerated in state and federal prisons in the United States. Women comprise roughly 8% of all inmates in the United States.

Prisoner reentry is the process by which prisoners who have been released return to the community. Many types of programs have been implemented with the goal of reducing recidivism and have been found to be effective for this purpose. Consideration for the conditions of the communities formerly incarcerated individuals are re-entering, which are often disadvantaged, is a fundamental part of successful re-entry.

<span class="mw-page-title-main">Incarceration in Norway</span> Overview of incarceration in Norway

Norway's criminal justice system focuses on the principles of restorative justice and the rehabilitation of prisoners. Correctional facilities in Norway focus on maintaining custody of the offender and attempting to make them functioning members of society. Norway's prison system is renowned as one of the most effective and humane in the world.

<span class="mw-page-title-main">Decarceration in the United States</span> Overview article

Decarceration in the United States involves government policies and community campaigns aimed at reducing the number of people held in custody or custodial supervision. Decarceration, the opposite of incarceration, also entails reducing the rate of imprisonment at the federal, state and municipal level. As of 2019, the US was home to 5% of the global population but 25% of its prisoners. Until the COVID-19 pandemic, the U.S. possessed the world's highest incarceration rate: 655 inmates for every 100,000 people, enough inmates to equal the populations of Philadelphia or Houston. The COVID-19 pandemic has reinvigorated the discussion surrounding decarceration as the spread of the virus poses a threat to the health of those incarcerated in prisons and detention centers where the ability to properly socially distance is limited. As a result of the push for decarceration in the wake of the pandemic, as of 2022, the incarceration rate in the United States declined to 505 per 100,000, resulting in the United States no longer having the highest incarceration rate in the world, but still remaining in the top five.

References

  1. ↑ Madison, Elisha (November 18, 2021). "Criminal Rehabilitation: Programs, Statistics & Definition". Study.com. Retrieved April 25, 2023.
  2. 1 2 3 4 5 Clare Ovey, Ensuring respect of the rights of prisoners under the European Convention on Human Rights as part of their reintegration process Archived 2014-07-27 at the Wayback Machine , Registry of the European Court of Human Rights.
  3. 1 2 Rec(84)10E 21 June 1984 on the criminal record and rehabilitation of convicted persons Archived 27 July 2014 at the Wayback Machine .
  4. ↑ Paddison, Laura (22 August 2019). "How Norway Is Teaching America To Make Its Prisons More Humane". Huffpost. Archived from the original on 9 April 2021. Retrieved 17 June 2020.
  5. 1 2 3 4 Deady, Carolyn. "Pell Center for International Relations and Public Policy" (PDF). Archived (PDF) from the original on 2016-11-23. Retrieved 2016-11-17.
  6. 1 2 Milanovic, Nikola. "Norway's New Prisons: Could They Work Here? « The Stanford Progressive". web.stanford.edu. Archived from the original on April 22, 2015. Retrieved July 16, 2020.
  7. 1 2 3 Benko, Jessica (26 March 2015). "The Radical Humaneness of Norway's Halden Prison". The New York Times. Archived from the original on 26 October 2017. Retrieved 3 March 2017.
  8. 1 2 3 4 James, Erwin (25 February 2013). "The Norwegian prison where inmates are treated like people". The Guardian. Archived from the original on 17 November 2016. Retrieved 17 November 2016.
  9. ↑ Sterbenz, Christina (11 December 2014). "Why Norway's prison system is so successful". Business Insider. Archived from the original on 17 June 2020. Retrieved 17 June 2020.
  10. ↑ "Vipassana meditation in prisons". Vipassana Meditation UK. 7 April 2020. Archived from the original on 15 April 2021. Retrieved 7 April 2021.
  11. ↑ "Finding enlightenment while locked up: Prison inmates learn to meditate". WBRC. 23 October 2015. Archived from the original on 11 April 2021. Retrieved 7 April 2021.
  12. ↑ Elmhirst, Sophie (1 March 2016). "What should we do about paedophiles? | Child protection". The Guardian . London. Archived from the original on 2022-02-19. Retrieved 2022-02-24.
  13. ↑ 18 U.S.C.   § 3582(a)
  14. ↑ Mak, Tim (Jan 13, 2015). "Koch Bros to Bankroll Prison Reform". The Daily Beast. Archived from the original on February 21, 2016. Retrieved November 14, 2015.
  15. ↑ Horwitz, Sari (Aug 15, 2015). "Unlikely Allies". Washington Post. Archived from the original on September 13, 2017. Retrieved September 10, 2017.
  16. ↑ Gass Henry (Oct 20, 2015). "Congress's big, bipartisan success that might be just beginning". Christian Science Monitor. Archived from the original on March 1, 2016. Retrieved November 14, 2015.
  17. ↑ Nelson, Colleen Mccain; Fields, Gary (Jul 16, 2015). "Obama, Koch Brothers in Unlikely Alliance to Overhaul Criminal Justice". Wall Street Journal. Archived from the original on February 16, 2017. Retrieved March 11, 2017.{{cite web}}: CS1 maint: multiple names: authors list (link)
  18. ↑ Reich, Jacob (17 August 2017). "The Economic Impact of Prison Rehabilitation Programs". Wharton Public Policy Initiative. Archived from the original on 24 March 2020. Retrieved 24 March 2020.
  19. ↑ "California Welfare and Institutions Code Section 202". California Office of Legislative Counsel. Archived from the original on 2021-05-14. Retrieved 2018-09-30.
  20. 1 2 Jill S. Levenson, John W. Morin (2000). Treating Nonoffending Parents in Child Sexual Abuse Cases, p. 7 SAGE, ISBN   0-7619-2192-3
  21. 1 2 Marvin Zuckerman (1991) Psychobiology of personality Archived 2017-03-24 at the Wayback Machine Cambridge University Press, p. 390. ISBN   0-521-35942-2
  22. 1 2 Glenn D. Walters (2006) Lifestyle theory Archived 2017-03-23 at the Wayback Machine p. 42 Nova Publishers, ISBN   1-60021-033-3
  23. ↑ Hare, Robert D, Psychopaths: New Trends in Research. The Harvard Mental Health Letter, September 1995
  24. ↑ Psychopaths' 'early release con' Archived 2010-01-06 at the Wayback Machine (9 February 2009)BBC News
  25. ↑ Harris, Grant; Rice, Marnie (2006), "Treatment of psychopathy: A review of empirical findings", in Patrick, Christopher (ed.), Handbook of Psychopathy, pp. 555–572
  26. ↑ "Attention to the eyes and fear-recognition deficits in child psychopathy – Dadds et al. 189 (3): 280 – The British Journal of Psychiatry". Archived from the original on 2011-06-09. Retrieved 2009-08-29.
  27. ↑ Alschuler, Albert (Winter 2003). "The changing purposes of criminal punishment: A retrospective on the past century and some thoughts about the next". The University of Chicago Law Review. 70 (1): 1–22. doi:10.2307/1600541. JSTOR   1600541. Archived from the original on 2018-12-01. Retrieved 2022-02-24.
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