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Free the Guilty

 
 
pointless & uncalled for
07:21 / 13.10.05
In news breaking today it would appear that the Home Office of the British Government is considering early release of thousands of "non-violent" prisoners, potentially on a tagging scheme.

This is in response to the fact that we have the highest levels of imprisonment and that the prisons are running at more than 99% capacity. With 200+ custodial sentances being issued every day then even with planned releases we will run out of spaces very soon.

This is a situation that should not have been allowed to arise. So where have we gone wrong? Should we have simply built more prisons a lot sooner? Should we be issuing shorter sentances, particularly in the instance of non-violent crime? Is the possibility of encouraging the judiciary to issue more non-custodial sentances the right path to take?

Or is there, perhaps, a fundamental problem with the whole model of crime and punishment in Britain today?
 
 
nameinuse
14:46 / 13.10.05
I'd be inclined to say, at the risk of pontification on a subject I know little about, that if prison worked it wouldn't be getting more and more full.

I don't think telling people "No, bad person, naughty!" and sending them away from a while actually does anyone in the system any good. Prisons should be entirely about addressing the issues that put people there in the first place (you could make a serious dent just by treating drug addiction properly, for a start), rather than this outdated notion of punishment.

As far as I can see, punishment per-se is only good as a detterent, and a detterent is only required if people are inclined to do something in the first place. It would be far more effective to remove or reduce the original impetus to commit crime than to punish it after the event.

As for punishment if and when it is appropriate, it needs to be something far more costly to the prisoner than some time at Her Majesty's Pleasure. I think the Proceeds of Crime bill was a step in the right direction here, though there are plenty of more novel approaches that increase the cost of committing a crime (including increasing the chances of getting caught - cf. the Japanese legal system) that would make the reward far less attractive than the cost.

There are obviously a few people who we cannot ever allow into the community at large because of behavioural issues that make them simply too dangerous. These people shouldn't be in prison either, though they should be in a tightly controlled environment. They should be allowed to get the most they can out of their lives without endangering others.

To me, prison is mostly an outdated concept. There are plenty of other ways of raising the cost of crime without raising the cost to society at large.
 
 
Tryphena Absent
20:35 / 13.10.05
is there, perhaps, a fundamental problem with the whole model of crime and punishment in Britain today?

Yes, I think the problem is that prison is perceived primarily as a punishment for offenders by the majority of people. It's really there to protect people who are vulnerable to dangerous crime whether that crime is one of violence or something more manipulative but equally as abusive (manslaughter, murder, drug related- ie. importing/exporting drugs, enslaving people).

The reason that prison should be about rehabilitation is that the vast majority of those inside are going to actually leave. So taking someone who was pretty disadvantaged (as most prisoners are in some way or another), putting them inside and leaving them to rot or giving them an eye for an eye treatment is hardly effective at all. Obviously it's a different case for killers- it's incredibly rare for a serial killer to leave prison once they've entered it, in fact I am unclear as to whether that's ever happened, not because they must be punished forever and ever but because they're probably going to kill again.

But at the most fundamental level I think they should try reforming the mental health system in this country. That would probably stop the prisons from being quite so overcrowded if the Evening Standard is anything to go by (ie. "this schizophrenic man knocked this woman down and kicked her in the head. He is on trial and could be put away for 15 years this Thursday"... even though he kicked her because his medication totally failed to help him and the Doctor discharged him because there weren't enough beds etc).
 
 
Ganesh
21:08 / 13.10.05
How do you think the mental health system should be reformed, Nina? What are we missing?
 
 
Supersister
17:42 / 18.10.05
I am in favour of treating medical conditions in secure hospitals or rehabilitating criminals in the community. Simply locking offensive people away is an uncivilised, short-term containment strategy which clearly fails to achieve the desired result. And of course Capitalist Governments will never solve the problem until they accept that the true cause of crime is poverty and the true cause of poverty is them. Cough.

More realistically, I'd like to see the UK/ Europe give some real thought to the objectives behind imprisonment, because presently there isn't even consensus about whether the system is designed to punish, rehabilitate or isolate.

The Rethinking Crime and Punishment initiative has gone some way towards defining a way forward, (see http://www.rethinking.org.uk ), and it will be interesting to see how the conclusions are implemented.
 
 
Tryphena Absent
22:27 / 18.10.05
Ganesh, I really meant it needs more money.
 
 
Our Lady Has Left the Building
07:42 / 19.10.05
Hmmm, I can't remember and can't find out atm, but did we actually start having privately-run prisons? Although probably not much of a surprise to anyone Elizabeth Minnich in this edition of Gendertalk talks about the negative effect it's had on the prison service in America (and privately run schools too, but that's a different topic).
 
 
Seth
13:22 / 20.10.05
There's nothing wrong with this country that can't be fixed by explosive collars.
 
  
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