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Get Rid of Prisons!

Posted on Mon, 03/19/2007 - 2:49am by Kyle A Krahel

We live in the country with the largest "official" prison population (China's might be higher, but they don't say so). We have, by far, the highest incarceration rate of any developed country. Overall, 25% of all prisoners IN THE WORLD are in prison in America.

A major problem is that we incarcerate so many non-violent offenders. 57% of the prison population was convicted for a non-violent offense (most of the time related to the War on Drugs). In fact, over the past quarter century, violent crime has decreased but the prison population has quadrupled!

Another disturbing trend is the increasing privatization of prisons. With so many government contractors and other conservative plots to make huge corporations richer, this isn't surprising. However, unlike the damages caused by some of those other schemes, privatization of the prison system means the creation of a market for prisons and, thus, prisoners. Not only does this disincentivize crime reduction, but it incentivizes sending more of our people to prison, regardless of the social consequences.

Furthermore, the prison system is undeniably racist. With huge populations of men of color in prison, our society is showing its willingness to exercise the only exception allowable for slavery under the 13th amendment.

Finally, the system itself is designed to punish whereas its true purpose should be to rehabilitate, in my opinion. Why else would we still allow capital punishment? Why else would we send non-violent drug addicts to the violent environment of prisons and not to rehab?

However, the solution to the problems above (and they are by no means exhaustive- terrible prison conditions, including rape, ridiculous mandatory sentencing laws, massive prison overpopulation, and despicable disenfranchisement laws are just a few more to mention) lies not in reforming prisons. Prisons are the problem. Prisons have not been around forever, not even for the lifetime of this country. There was a time when there were no prisoners. In order to save our society, we must return to a world without prisoners.

This does not mean that those who commit offenses against others would roam free able to commit them again. On the contrary, reform and prevention would be dealt with in the local community through mediation and strategies to keep people from harming each other. Furthermore, by reducing poverty and inequality, we can drastically reduce most crime, as can be seen by the low prison populations in more equal societies.

There is a reason countries like those in Scandinavia have incarceration rates a tenth of ours. You can argue it is because we give our people more freedom and so they commit more crime. But locking up 1 out of every 136 of your citizens is not what I call freedom.

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"This does not mean that

Posted on Mon, 03/19/2007 - 1:53pm by Anonymous (not verified)

"This does not mean that those who commit offenses against others would roam free able to commit them again. On the contrary, reform and prevention would be dealt with in the local community through mediation and strategies to keep people from harming each other."

 

Can you be more specific? What do these mediations look like? Would we still be physically confining people? Is anything like this being practiced in the U.S. now?

I can't be terribly more

Posted on Mon, 03/19/2007 - 11:26pm by Kyle A Krahel

I can't be terribly more specific since I am not an expert on this topic, but there are those who do have specific plans and ideas and such.

Basically, a crime is done for a reason against another person. Therefore, to prevent and ameliorate the situation, those involved as well as other members of the community would come together to figure out the reasons for the crime. There would be no confinement.

The idea is that you don't punish criminals, you get rid of the reasons for crime. Crime is not a human nature. Therefore, it is all about figuring out the reasons which is a kind of rehabilitation basically.

Does that make more sense? 

In terms of the US, there

Posted on Tue, 03/20/2007 - 7:49am by Colin Haydu (not verified)

In terms of the US, there are things called "sentencing circles" that have been used for a while on Native American reservations but have recently gotten started in Saint Paul.  They basically do what Kyle is suggesting -- the "stakeholders" in a crime (family and close friends of the victim and offender, but also other community members and formal law enforcement) get together and work out an appropriate restitution plan.  That plan could theoretically include incarceration, but it usually doesn't.  If no consensus is reached, the case goes back to the regular court system.

This hasn't been studied much in the US, but in Australia where restorative justice techniques are more widely used, especially with youth, there are somewhat mixed results.  Everyone involved seems to think quite highly of the fairness of the process.  But in only about half of the cases studied did participants actually find it "restorative" in the sense of generating remorse, understanding, or "postive movement between victim and offender," which are explicit goals of the restorative justice philosophy.  One positive sign, though, is that recidivism is less likely when a given crime is addressed using restorative justice practices rather than inprisonment.

Also, one last thought - the restorative justice model only works after someone has admitted to committing a crime.  Personally, I feel like an adversarial model in the fact-finding stage is quite neccessary for fair outcomes, but I'm sure that it could still look a whole lot different than it does today.

If anyone's interested in learning more about this stuff, check out the book Handbook of Restorative Justice: A Global Perspective.  It's a collection of essays and articles that explain and in some cases critique restorative justice from all different perspectives.

Happy for the few times final papers come in handy after they're due,

colin