NCJ Number
7573
Journal
International Journal of Offender Therapy and Comparative Criminology Volume: 16 Issue: 1 Dated: (1972) Pages: 25-31
Date Published
1972
Length
7 pages
Annotation
A CRITICAL EXAMINATION OF THE CORRECTIONAL SYSTEMS OF THE U.S. AND PERU DISCUSSES PROBLEMS OF PRETRIAL DETENTION, OVERCROWDING, PLEA BARGAINING, BRUTALITY, AND INADEQUATE REHABILITATION PROGRAMS.
Abstract
THE AUTHOR FEELS THAT INHUMANE AND INEFFICIENT TREATMENT OF OFFENDERS IN CORRECTIONAL SETTINGS TENDS TO NEGATE ATTEMPTS AT REHABILITATION. THE PROBLEM OF EXTREMELY LENGTHY PERIODS OF PRETRIAL DETENTION IN PERU IS SEEN AS ONE BARRIER TO REHABILITATION, SINCE PRETRIAL DETAINEES ARE NOT ELIGIBLE FOR REHABILITATION PROGRAMS AND ARE NOT HOUSED IN SEPARATE FACILITIES. DETAINEES OFTEN SPEND YEARS AWAITING TRIAL AND SO MAY LOSE ANY OPPORTUNITY TO PARTICIPATE IN PROGRAMS, SINCE THEIR FINAL SENTENCE MAY BE EQUAL TO OR EVEN LESS THAN THE ACTUAL TIME SERVED AWAITING TRIAL. IT IS FELT THAT SIMILAR PROBLEMS ARE ARISING IN MANY PARTS OF THE U.S., ESPECIALLY IN URBAN AREAS. THE PLEA-BARGAINING SYSTEM IN THE UNITED STATES IS ALSO CRITICIZED. EXAGGERATED PERIODS OF PRETRIAL DETENTION AND A RELIANCE ON PLEA BARGAINING TO CLEAR UP COURT BACKLOGS ARE SEEN AS DETRIMENTAL TO THE GOAL OF EFFICIENT AND SPEEDY CRIMINAL TRIALS, WHICH SHOULD BE THE FOUNDATION OF EFFECTIVE CORRECTION. MINOR PALLIATIVES SUCH AS NIGHT COURTS ARE ALSO LABELED INEFFECTIVE. PRISON DISORDERS IN BOTH COUNTRIES ARE MENTIONED, AND THE COMMON CHARACTERISTICS OF FEAR, HATRED, BRUTALITY, AND OVERCROWDING ARE DESCRIBED AS CAUSES. REPRESSIVE MEASURES ARE NOT AN ANSWER TO THE PROBLEM. THE PROBLEM OF INADEQUATE CAPABILITIES FOR INSPECTING PRISONS AND THE FACT THAT IN BOTH COUNTRIES PRISON STAFF MEMBERS ARE UNDERPAID ARE EXAMINED. THE AUTHOR CONCLUDES THAT MORE ATTENTION AND MONEY MUST BE DEVOTED TO THE CORRECTIONAL SYSTEM, AND THAT HUMANE TREATMENT OF THE PRISONER IS NOT MERELY A LEGAL AND SOCIAL OBLIGATION BUT THE FIRST STEP TOWARD REHABILITATION.