NCJ Number
65165
Journal
Journal of Offender Counseling, Services and Rehabilitation Volume: 4 Issue: 2 Dated: (WINTER 1979) Pages: 109-119
Date Published
1979
Length
11 pages
Annotation
A BRIEF HISTORICAL REVIEW OF PENAL PHILOSOPHIES SUGGESTS THAT RETRIBUTIVE PUNISHMENT SHOULD BE INCLUDED IN MODERN CORRECTIONS POLICY.
Abstract
THREE GENERAL STAGES HAVE CHARACTERIZED THE EVOLUTION OF PENOLOGY: THE AGE OF RETRIBUTION, WHICH VIEWED THE APPLICATION OF DEGREES OF PAIN AND DEPRIVATION AS THE PRIMARY MEANS OF SOCIAL CONTROL; THE AGE OF THE PENITENTIARY, WHICH WAS THE CLASSICIST'S VIEW OF ACHIEVING SCIENTIFIC AND MODERATE PUNISHMENT AS A MEANS OF SOCIAL CONTROL; AND THE MODERN AGE OF CORRECTIONS, WHICH SEES THE APPLICATION OF PAIN AND DEPRIVATION AS AN INEFFECTIVE MEANS OF SOCIAL CONTROL AND APPLIES SCIENTIFICALLY DETERMINED MEANS FOR BEHAVIORAL CHANGE ACCORDING TO OFFENDER NEEDS. EACH STAGE HAS EMERGED IN REACTION TO THE DEFICIENCIES OF THE PAST. THE CONFLICT IN MODERN PENOLOGY IS BETWEEN THE LEGAL STRUCTURE, WHERE LEGAL SANCTIONS FRAMED IN LEGISLATION STILL REFLECT THE AGES OF RETRIBUTION AND IMPRISONMENT, AND CORRECTIONS PHILOSOPHY WHICH APPLIES SOCIAL AND BEHAVIORAL THEORIES TO OFFENDER REHABILITATION. THE PUBLIC APPARENTLY NEEDS TO PERCEIVE THAT SERIOUS VIOLATIONS OF NORMS MEET WITH RESTRICTIVE AND PAINFUL CONSEQUENCES. THIS NEED IS REFLECTED IN THE STRUCTURE OF LEGISLATION, WHICH CONTAINS SANCTIONS DEEMED ESSENTIAL FOR EFFECTIVE CONTROL. REHABILITATION, ON THE OTHER HAND, IS ALSO A PUBLIC CONCERN, IN THAT RECIDIVISM MUST BE REDUCED AND THE SOCIAL ORDER STRENGTHENED. WHILE THESE TWO DIMENSIONS OF SOCIAL CONTROL WILL INEVITABLY CREATE TENSION, THEIR COEXISTENCE DOES TEND TO PRODUCE A BALANCED FORM OF DEMOCRATIC JUSTICE. REFERENCES ARE PROVIDED. (RCB)