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Impotence of Correctional Law (From Legal Rights of Prisoners, P 243-260, 1980, Geoffrey P Alpert, ed. - See NCJ-75036)

NCJ Number
75044
Author(s)
C W Thomas
Date Published
1980
Length
18 pages
Annotation
The current state of the correctional system is critically reviewed, with emphasis on its goals and the roles played by various professional groups, and suggestions are given for changes.
Abstract
The expected functions and operating states of prisons have generally been approached ineptly and incorrectly in the United States, although most major efforts to impact the concept of imprisonment have been well-intentioned. Few have produced any good results. Early movements focused on the purpose of prisons, and the functions of these institutions have changed as these purposes were redefined. Later theory has concentrated on the medical model of rehabilitation; groups involved in changing the focus of rehabilitation efforts have included theologians, educators, psychiatrists, and others. The latest groups to influence prison functioning significantly have been lawyers and activist judges who have championed prisoner's rights and given a measure of prison control to the judiciary. However, prisons should not be utilized for rehabilitating offenders; their purpose is to punish, not to correct behavior. Criminal justice professionals have been notably unsuccessful in determining which offenders require change and which do not. The interrelationships of the prison system should be confronted, successful strategies to solve problems should be developed, and a better system of criminal justice agencies should be produced. In addition, logic should be brought to the sentencing process, and the practice of sentencing criminals to prison for treatment should be discontinued. Seventeen references are included.