The examples and perspective in this article may not represent a worldwide view of the subject.(October 2011) |
Criminology and penology |
---|
In criminal justice, particularly in North America, correction, corrections, and correctional, are umbrella terms describing a variety of functions typically carried out by government agencies, and involving the punishment, treatment, and supervision of persons who have been convicted of crimes. [1] These functions commonly include imprisonment, parole, and probation. [2] A typical correctional institution is a prison. A correctional system, also known as a penal system, thus refers to a network of agencies that administer a jurisdiction's prisons, and community-based programs like parole, and probation boards. [3] This system is part of the larger criminal justice system, which additionally includes police, prosecution and courts. [4] Jurisdictions throughout Canada and the US have ministries or departments, respectively, of corrections, correctional services, or similarly-named agencies.
"Corrections" is also the name of a field of academic study concerned with the theories, policies, and programs pertaining to the practice of corrections. Its object of study includes personnel training and management as well as the experiences of those on the other side of the fence — the unwilling subjects of the correctional process. [1] Stohr and colleagues (2008) write that "Earlier scholars were more honest, calling what we now call corrections by the name penology, which means the study of punishment for crime." [5]
The idea of "corrective labor" (Russian : исправительные работы) in Soviet Russia dates back as far as December 1917. [6] From 1929 the USSR started using the terminology "corrective-labor camps" (Russian : исправительно-трудовые лагеря (ИТЛ)) [7] and "corrective labor colonies" (Russian : исправительно-трудовые колонии (ИТК)).
The terminology change in US academia from "penology" to "corrections" occurred in the 1950s and 1960s which was driven by a new philosophy emphasizing rehabilitation. It was accompanied by concrete changes in some prisons, like giving more privileges to inmates, and attempting to instill a more communal atmosphere. At least nominally, most prisons became "correctional institutions", and guards became "correctional officers". [8] Although the corrections-related terminology continued thereafter in US correctional practice, the philosophical view on offenders' treatment took an opposite turn in the 1980s, when academics labeled the "get tough" program[ which? ] as "The New Penology". [9]
Community Based Corrections are sanctions imposed on convicted adults or adjudicated juveniles that occur in a residential or community setting outside of jail or prison. The sanctions are enforced by agencies or courts with legal authority over the adult or juvenile offenders. [10]
Community Based Corrections can focus on both of adults and juveniles, attempting to rehabilitate them back into the community. In contrary to the "tough on crime" mindset which expresses harsh punishment, this community based correctional method seeks to transition offenders back into the community. [11]
In Canada, until 1972, the Criminal Code legislated that courts could impose a form of whipping on male offenders, to be administered on up to three occasions, but did not limit the number of strokes. Whipping of female offenders was not allowed. The whipping could be inflicted using a strap, cat-o'-nine-tails, or a paddle unless specified by the court. [12] The move to abolish corporal punishment in the Canadian penal system coincided with several reforms and a change from the Reform Institutions label to Corrections or Correctional.
Intermediate sanctions may include sentences to a halfway house or community service program, home confinement, and electronic monitoring. Additional sanctions may be financial and may include fines, forfeiture, and restitution; these are sometimes applied in combination. [13]
The use of sanctions, which can be either positive (rewarding) or negative (punishment) is the basis of all criminal theory, along with the main goals of social control, and deterrence of deviant behavior.
Many facilities operating in the United States adhere to particular correctional theories. Although often heavily modified, these theories determine the nature of the facilities' design and security operations. The two primary theories used today are the more traditional Remote Supervision[ citation needed ] and the more contemporary direct supervision model. [14] In the Remote Supervision Model, officers observe the inmate population from remote positions, e.g., towers or secure desk areas. The Direct Supervision Model positions prison officers within the inmate population, creating a more pronounced presence.
Punishment, commonly, is the imposition of an undesirable or unpleasant outcome upon an individual or group, meted out by an authority—in contexts ranging from child discipline to criminal law—as a deterrent to a particular action or behavior that is deemed undesirable. It is, however, possible to distinguish between various different understandings of what punishment is.
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.
Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term probation applies only to community sentences, such as suspended sentences. In others, probation also includes supervision of those conditionally released from prison on parole. An offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer. During the period of probation, an offender faces the threat of being incarcerated if found breaking the rules set by the court or probation officer.
Prison reform is the attempt to improve conditions inside prisons, improve the effectiveness of a penal system, reduce recidivism or implement alternatives to incarceration. It also focuses on ensuring the reinstatement of those whose lives are impacted by crimes.
A probation or parole officer is an official appointed or sworn to investigate, report on, and supervise the conduct of convicted offenders on probation or those released from incarceration to community supervision such as parole. Most probation and parole officers are employed by the government of the jurisdiction in which they operate, although some are employed by private companies that provide contracted services to the government.
Francis Greenway Correctional Complex, formerly John Morony Correctional Complex is an Australian minimum security prison complex for males and females located in Berkshire Park, 5 kilometres (3 mi) south of Windsor in New South Wales, Australia. The complex is operated by Corrective Services NSW, an agency of the Department of Communities and Justice, of the Government of New South Wales.
A reformatory or reformatory school is a youth detention center or an adult correctional facility popular during the late 19th and early 20th centuries in Western countries. In the United Kingdom and United States, they came out of social concerns about cities, poverty, immigration, and gender following industrialization, as well as from a shift in penology to reforming instead of punishing the criminal. They were traditionally single-sex institutions that relied on education, vocational training, and removal from the city. Although their use declined throughout the 20th century, their impact can be seen in practices like the United States' continued implementation of parole and the indeterminate sentence.
The California Department of Corrections and Rehabilitation (CDCR) is the penal law enforcement agency of the government of California responsible for the operation of the California state prison and parole systems. Its headquarters are in Sacramento.
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.
The Virginia Department of Corrections (VADOC) is the government agency responsible for community corrections and operating prisons and correctional facilities in the Commonwealth of Virginia in the United States. The agency is fully accredited by the American Correctional Association and is one of the oldest functioning correctional agencies in the United States. Its headquarters is located in the state capital of Richmond.
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.
The penal system in China is composed of an administrative detention system and a judicial incarceration system. As of 2020, it is estimated that 1.7 million people had been incarcerated in China, which is the second-highest prison population after the United States. China also retains the use of the death penalty with the approval of the Supreme People's Court, and there is a system of death penalty with reprieve in which the sentence is suspended unless the convict commits another major crime within two years while they are detained.
Corrective Services NSW (CSNSW) is an executive agency of the Government of New South Wales, Australia. CSNSW is responsible for the state's prisons and a range of programs for managing offenders in the community. The state has 36 prisons, 33 run by CSNSW and three privately operated. The agency traces its origins back to 1788, when New South Wales was founded as a penal colony.
The Wisconsin Department of Corrections (WIDOC) is an administrative department in the executive branch of the state of Wisconsin responsible for corrections in Wisconsin, including state prisons and community supervision. The secretary is a cabinet member appointed by the governor of Wisconsin and confirmed by the Wisconsin Senate.
A prison, also known as a jail, gaol, penitentiary, detention center, correction center, correctional facility, remand center, hoosegow, and slammer, is a facility where people are imprisoned against their will and denied their liberty 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.
The New York State Division of Parole was an agency of the government of New York within the New York State Correctional Services from 1930 to 2011. § 259. "1. There shall be in the executive department of state government a state division of parole" responsible for parole, the supervised release of a prisoner before the completion of his/her sentence. In 2011, the agency merged with the Department of Correctional Services to form the New York State Department of Corrections and Community Supervision.
The criminal justice system of the Netherlands is the system of practices and institutions of the Netherlands directed at upholding social control, deterring and mitigating crime, and sanctioning those who violate laws with criminal penalties and rehabilitation efforts. The Netherlands' criminal code is based on the Napoleonic Code, imposed during the time of the French Empire. The Dutch largely kept the Napoleonic Code after their independence, but tempered it with a significantly more rehabilitative penological focus.
A rehabilitation policy within criminology, is one intending to reform criminals rather than punish them and/or segregate them from the greater community.
The Federal Penitentiary Service is a federal agency of the Ministry of Justice of Russia responsible for correctional services.
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.
Corrective labor without deprivation of freedom [...] has developed from the initially ad hoc orders (some of them by Lenin himself) to apply it against class enemies. [...] The first legal enactments were issued as early as 19 December 1917 [...] Something new and constructive was brought into the stale and unimaginative air of correctional and penal practice [...].
On November 6, 1929, the Central Executive Committee and Sovnarkom of the USSR amended the 'Basic Principles of Criminal Legislation of the Union of SSR and the Union Republics' adopted in 1924. Article 13 of this document reads, in part: 'Social protection measures of a judicial-correctional nature are ... (b) deprivation of liberty in corrective-labor camps in remote locations of the USSR' [...] This was the first mention in Soviet legislation of the term 'corrective-labor camp' (ispravitel'no-trudovoi lager': ITL) [...]. [P]roclaimed principles of legality and humanism [...] are demonstrated by a different document - the Corrective-Labor Code of 1924.