Developing a Penal Policy to Tackle the Problem of Recidivism - Term Paper Example

Introduction Recidivism or repeat offending is a problem that affects all stakeholders in the prison system – prisoners because they get entangled in the system, prison officers/ administrators because their role is put into question if recidivism rates are too high and lastly society which is forced to the bear the brunt of more crime as more people become victimized. Therefore these stakeholders must seek a way forward to minimise occurrence of repeat offenses. Penal policy Education in prisons offers a unique platform for empowering prisoners while still in the confines of the system and also when given the opportunity to join the rest of society. However, a number of researches that more often than not, prison educators tend to take up the wrong approach to education of persons in prisons. Overemphasis is given on vocational aspects or functional parts of education yet there are so many more values that form the framework of good education. In light of such facts, this penal policy will comprise a system of penal education that provides inmates with the capacity to gain literacy, know their world and also spark off interest in pursuance of further education when they are outside prison doors. These objectives can be achieved by teaching inmates similar courses to those ones applicable in other conventional learning institution. Prison administrators must refrain from concentrating on special education programs for the prison population alone because these individuals need all the values and concepts that standard education teaches as much as students in conventional schools. Prison administrators should also work hand in hand with adult educators in coming up with the most effective approaches for handling and teaching the prison population. (Warner, 1996) Still under the umbrella of education, the prison population should be taught skills that facilitate interaction with the outside world. Such actions should be achieved by non prison educators who can then revise their opinions on stereotypes about the prisons’ populations. (Warner, 1996) Studies indicate that crime rates and rates of recidivism were substantially low before the mid twentieth century. This is largely because offenders would often be taken to other sections that fell outside of the penal system. For instance, the female population would go to county homes especially when the concerned parties were first time offenders. These actions were taken under the assumption that a prison population already contained ‘hardened’ offenders who would then influence these first time offenders to become worse. (Kilcommins et al, 2004) It may no longer be feasible to uphold such a view within the criminal justice system because this level of rigor may not be compatible with the high crime rates now being witnessed. However, evidence still shows that when prisoners are taken to less restrictive environments, they tend to show a higher capacity to change and this substantially reduces their recidivism rates. (Kilcommins et al, 2004) These points of view are further supported by studies carried out by Wilson and McCabe (2002) who analysed the sentiments of prisoners or former prisoners who have undergone the therapeutic process. In their assertions, the latter authors did a case study analysis of a well known Irish prison – Grendon in order to find out whether therapeutic processes are effective. This prison was an ideal location for the case study because it firmly supports the concept of a therapeutic community. Given the positive results of such a study then the proposed penal policy will advocate for an adoption of more therapeutic processes in prison rather than the punitive approaches. Prison administrators must make a radical shift from viewing inmates only as criminal elements who can understand nothing but the language of violence. Instead, stakeholders should view this system as a means with which individuals are being given an opportunity to reform and become law abiding citizens. At the core of such an approach are years of evidence showing how recidivism rates in countries such as the United States and England are on the rise because of the push for a get tough approach. In these countries, concern is given to strategies that are politically favourable. Individuals who have the capacity for prison reforms are usually politicians and most of them want to appeal to the masses by talking tough on crime. The problem with such a strategy is that it is misguided and not grounded in evidence. The assumption that greater punishment and greater prison expansion has the ability to change recidivism rates has little support in criminal justice literature today. In fact the reverse is often true as criminals tend to get more determined to rebel against such an unbearable system. (Warner, 1998) In light of the latter facts, this penal policy will embrace a prison system as a community guided by a number of principles. At Grendon prison (a well known Irish medium security facility), the therapeutic approach entrenches responsibility for collective obligations, empowerment through contributions towards the therapy process, support through prison administrators, officers as well as the inmates themselves and confrontation for those who do not understand the magnanimity of their crimes. This model shall be carried forward in all Irish prisons as pertains to this penal policy. Prisons will be required to form small therapeutic groups that all inmates must belong to every time they enter these populations. The number of prisoners in each group must be less than ten. All persons are expected to meet for not less than five times in a week and in those sessions, individuals must tell one another what caused them to be admitted there i.e. what crimes they committed and give details about their lives. At least once a week, the representatives of these therapy groups must then meet with prison administrators to go through or discuss some of the problems that may have arisen during therapy. Also, therapy groups need to interact with one another by inviting members of other groups. This will go a long a long way in promoting accountability within such a system. (McCabe & Wilson, 2004) At the heart of this code is a need to look at prisoners as human beings. Prison administrators and officers must realise that prisoners possess the capability to develop themselves and all they require is support. Studies have done at Grendon prison between 1984 and 1989 indicated that rates of reconviction were substantially reduced after the prisoners engaged in the therapeutic community after a period of greater than eighteen months. This implies that there is indeed evidence to back up such an approach within the prison systems and this is why it has high chances of succeeding. This penal policy further emphasises adoption of a community based rehabilitative process because according to the words of prisoners themselves, this is the only way that they feel human again. Some inmates may not possess a sense of morality and by having this pointed out to them by other prisoners, they may have an opportunity to re-examine and hence change their mindsets concerning life. Seeing other individuals in the system who have transformed their lives can also motivate them to change. Also, they will get to understand the fact that different aspects of life are related and that the criminal/ gangster lifestyle has no appeal. Also, the will get insight into the root causes of their problem especially psychological underpinnings that can be traced back to their childhood. (Wilson & McCabe, 2004) Most of the prisoners who are considered dangerous and disturbed often come from backgrounds where they have never felt a sense of belonging or love. Therefore when prison staff’s attitude changes in order to accommodate such individuals, then chances are that they may be stimulated to responds in kind and this will transform them. Once taken to the real world, it is likely that they will possess new values which hinder them from committing more crimes. (Wilson & McCabe, 2004) Given the need for adopting a new stance on the role of prisoners as citizens of Ireland and not just outlaws, then it may be necessary to address other problems that come with such a model. There may be rising tensions between the need to manage prisoners versus the need to control them once such a policy is implemented. Prison officers may get confused about confining individuals in cells and then treating them in a humane manner. One way in which such tensions shall be resolved is by implementing some elements of unit management. In other words, prison officers will be given particular units that they will be personally responsible for. Here, they need to develop close relationships with the inmates in those units and examine some of the problems that they may be dealing with. (King, 2001) Additionally, prisons shall be required to institute outcome measures. This can go a long way in ensuring that the new reforms adopted by these groups are gaol oriented. Prisoners will establish for themselves recidivism targets that must be reached. For instance, if the number of prisoners readmitted is quite high, then such a prison must set for itself a target like say twenty percent reduction in recidivism. Outcomes on an annual basis will be measured and compared to these targets in order to ensure that the programs are working effectively. (King, 2001) This policy will also entail contribution from prison funders. In the past, the cost of building or expanding a prison has been the topic of concern. However, in order to reduce recidivism rates substantially, there will be a need to reorganise these priorities. In other words, it will be more important to dwell on the ability of those systems to offer constructive solutions to the problems being faced in prison urgently rather than merely dwelling on budgetary constraints. Staff accountability will be another challenge to the introduction of a new perspective in the management of prison populations. In order to make sure that some human rights are protected in the prison population and that instances of institutional discrimination are minimised, it will be necessary to institute some checks. In other words, external members shall be required to visit prison populations. These case workers will look at how prisoners are progressing and will also determine if there have been any cases of discrimination from prison officers or other administrators who must then be held accountable. However, because there is a likelihood that some of the inmates may take advantage of such positions in order to act out against officers, case workers will need to look at all the facts of an accusation, they will need to get close to other inmates and find out what is actually going on. (King, 2001) Lastly, this policy outline must also address the problem of drugs in the prison population. This issue must be handled both inside and outside the prison setting. When looking at the larger Irish society, it is a known fact that numerous individuals tend to engage in crime just so that they can fuel their drug habits. Consequently, first time offenders who enter the criminal justice system may be prompted to commit crime again once released if they are still addicted to drugs. It is therefore necessary to place such offenders in a drug treatment program using both chemical and psychiatric approaches. Methadone treatments have yielded very positive results within Ireland and they should therefore be extended to prison populations. These programs should be done for a period of around twelve years. (IPS, 2006) When drugs are prevalent within prison settings, they lead to a substantial number of vices that range from intimidation, bullying and even violence. Sometimes addicts can take it to the extreme and even seize another’s life for these drugs. First of all, prison administrators and officers must work hand in hand to eliminate all the drugs within the population. Those who work within the prison and their visitors must be thoroughly checked to prevent smuggling in of drugs. But a more important strategy will be to encourage prisoners to adopt drug free lifestyles by offering them a series of drug treatment options that include: motivational approaches, detox programs, awareness programs, clinical opium replacement through methadone and also symptomatic treatments. Once the problem of drugs has been eliminated then the prison setting can then be a conducive place for thorough lifestyle changes and this will reduce recidivism. (IPS, 2006) Conclusion The penal policy proposed above is a combination of approaches that are geared at empowering the whole prison population to make a lifestyle turn around. This can be done by first offering education that encompasses all facets of life and not just specialised programs. Also, administrators need to institute therapeutic community programs that are aimed at dealing with the issues behind people’s crimes. Also, prisons should instate outcome measures that analyse repeat offenses admitted. Staff accountability and unit management can also go a long way in minimising recidivism. Lastly, drugs have caused so many repeat offenses. If prisoners get treated for these problems, then they will be better prepared to live a crime free life once outside prison doors. All these initiatives require a psychological turnaround for prisoners, prison administrators and prison officers who have to think of inmates as human beings that have simply deviated from the right direction. References Warner, K. (1998). Penal policy and the adult education of prisoners. Correctional educational journal Kilcommins, S., O’Donnell, I., O’Sullivan, E. & Vaughan, B. (2004). Crime, punishment and the search for order in Ireland. Oxford: Blackwell Publishers Wilson, D. & McCabe, S. (2002). How HMP Grendon woks in the words of those undergoing therapy. Howard Journal 41(3): 279-291 King, S. (2001). Prisons – a new or renewed response to crime? Australian institute of criminology report Canberra 21-22 June 4 Comiskey, C., Kelly, P., Leckey, Y., McCulloth, L., O’Duill, B., Stapleon, R. & White, E. (2009). The Rosie study drug treatment outcomes in Ireland. A report for the National Advisory committee on drugs Irish Prison service (2006). Keeping drugs out of prisons. Drugs policy and strategy paper Read More