Incarceration Dilemma
Introduction
There have been cycles of two main approaches to the problem of what to do with convicted felons. They currently range between “Lock them up and through away the key” and “No cash bail” Seriously the formal names are penitentiary as in do your penance (punishment) or reformation as in rehabilitation (let us help you be a better person when you return to society.
When discussing the approaches to incarceration—penitentiary (or punitive) versus reformation (or rehabilitative)—it’s essential to consider their underlying philosophies, goals, and societal impacts. Here’s a comparison of the two:
Penitentiary Approach (Punitive)
Positives
- **Deterrence:** This approach is rooted in the belief that punishment serves as a deterrent. The threat of severe penalties might discourage individuals from committing crimes.
2. **Retribution:** It satisfies the public’s desire for retribution, providing a sense of justice and closure for victims and society.
3. **Incapacitation:** By removing criminals from society, it prevents them from committing further crimes during their incarceration.
Negatives
1. **High Recidivism Rates:** Punitive systems often do not address the root causes of criminal behavior, leading to high rates of reoffending once prisoners are released.
2. **Overcrowding and Costs:** This approach can lead to overcrowded prisons and high costs associated with long-term incarceration.
3. **Limited Rehabilitation:** In focusing primarily on punishment, this approach often neglects the potential for rehabilitating offenders, potentially leaving them more dangerous upon release.
4. **Human Rights Concerns:** Harsh conditions in some penitentiaries can lead to human rights violations, exacerbating the negative impacts on inmates.
Reformation Approach (Rehabilitative)
Positives
1. **Lower Recidivism Rates:** By focusing on rehabilitation, this approach aims to reduce reoffending by addressing the underlying causes of criminal behavior (e.g., addiction, mental health issues, lack of education).
2. **Societal Reintegration:** Programs like education, therapy, and vocational training help offenders reintegrate into society as productive citizens.
3. **Cost-Effectiveness:** While there are upfront costs associated with rehabilitative programs, they can be more cost-effective in the long run by reducing recidivism and the need for future incarcerations.
4. **Ethical Considerations:** Reformation respects the dignity and potential for change in each individual, aligning with human rights principles.
Negatives
1. **Public Perception:** Some segments of society may view rehabilitative approaches as being “soft on crime,” which can lead to a lack of support or political pushback.
2. **Implementation Challenges:** Effective rehabilitation requires significant resources, skilled professionals, and a tailored approach, which can be difficult to implement consistently across all institutions.
3. **Potential for Abuse:** Without proper oversight, rehabilitative programs could be misused or become ineffective, leading to poor outcomes.
My personal experience ministering in prisons
I first joined Kairos prison ministry in 2001. Our group was going into David Wade Correctional Facility in Homer, Louisiana. This was and mostly is a maximum security prison. It has a significant “Lifers” population, a protective custody unit, a special section for those who have broken the rules, and not known to all a section for those so unsocial they only get paper clothing.
At the time the over all approach for the majority of the residents ( What we call prisoners and sometimes called convicts but now called offenders. There was a pig farm, a garden, wood shop, craft shop, educational and recovery programs. In addition it was possible to earn “good time” to reduce your sentence and opportunities for per-role.
The aim was to bring about personal conversion to faith, transform the culture inside the prison and return productive citizens into society. Chaplain Anderson explained the success of the ministry as he kept Recivitism records. The average rate is around 86% return to prison. The rate for Kairos participants was only 8%! A similar study in South Carolina reported only 3%!
Fast forward to the present.
There has been a dramatic shift in statewide philosophy. Since the beginning of COVID Kairos has not been allowed back in. Even family visits have been curtailed. A small group of us have a once a month service with the protective custody unit. Until recently we brought in “real” coffee and donuts. These are no longer allowed.
Meanwhile all the educational programs are long gone as are the hobby shops for wood work and leather craft. Worst of all per-role is no longer possible. There is no good time. Everyone must serve their entire sentence “flat.”
Part of the reason for there’s extreme measures has been the increase availability of contraband. For example the prison nurse was caught smuggling in drugs! A bigger problem is financial. State budgets have been cut. The wardens have a difficult time paying for the extra corrections Officers needed to man the weekend events.
My Question?
When the evidence point so persuasively to the effectiveness of Kairos why don’t they beg us to come 4 times a year? My suspicion is someone. Wants them to come back?
Conclusion
The penitentiary approach is traditionally seen as a means of deterrence and punishment, but it often fails to address the underlying causes of criminal behavior, leading to high recidivism rates and ethical concerns. On the other hand, the reformation approach, while sometimes facing public skepticism and implementation challenges, offers the potential for reduced reoffending and successful reintegration into society.
An ideal criminal justice system might seek a balance between these approaches, using punishment when necessary but focusing on rehabilitation to foster long-term societal benefits.
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