Opinion: The failure of the prison system
By Ted Long
That our prisons are overflowing with inmates to the point that the system is breaking down, the fact that the prisons are now mostly run by inmate gangs and that recidivism is at record highs has caused some to begin to look at the issue and the underlying logic of a system that was born in medieval times and other then in the use of construction materials, has remained mostly unchanged in its justification for hundreds of years.
At the root of the system, in its origins and still today are three fundamental reasons or justifications for prison. First, is the early and still deep-rooted concept of revenge. If some one breaks the law they have to go to jail so we extract our once of justice.
The second is the notion that we can rehabilitate or should rehabilitate the individual. A concept, that despite the fact that it as been proven not to work in the majority of case is still near and dear to us.
Ted Long
The third is the notion of a deterrent, that an individual will consider the penalties and in weighing them or perhaps just respecting them will not commit the crime because of the penalty. We see reflections of this in our law, crimes of passion and the mentally unstable are given greater license for example.
The first justification, revenge, I leave to you. Revenge is often greatly reflected in society’s values and I would like to think that as a society we have evolved beyond such primitive thinking. However?
The second issue, however, requires a closer look. The fact is that there are a few that do benefit but, the combination of some educational opportunities and industrial training with our knee-jerk reaction to the fact that a person is a convicted criminal makes rehabilitation a double edged sword. A study that I conducted with inmates from Lompoc Federal Prison demonstrated that dilemma. Lompoc had one of the best welder training schools in the country; it trained real good welders. The new welders served their time while learning their new trade, came out and then could not get work because the stigma of convict overweighed their ability to perform the job and they could not get work. The result, increased resentment of society and a reinforced belief the crime was their only opportunity. Think about it, would you hire an ex-con?
The third is even more interesting. The fear of prison versus doing the right thing. In its origin I think there might have been something to it; however prisons were completely different then. I do think that the fear of jail may work best on those of us who are not going to commit a crime anyway, we have no need, other then wanting to punch someone in the nose occasionally, but fear of getting punched back is probably stronger. However, if you look at the percentages in the current prison population what you will find is an overwhelming number of people with nothing or very little to loose, in fact jail may actually be a better place then where they were living.
Imagine, you are a young man, living in a ghetto, a neighborhood where it is dangerous to go out on the street, you go to bed many nights hungry and despite the boosting of the wonderfulness of the “American way” you face little opportunity to improve yourself. You have not only the worst schools but going to school is a major threat. Surrounded by violence and pain, are you really deterred by the fact that you may go to jail? Where you will get first class medical help, an education, and three square meals a day and if you are tough enough, respect?
I don’t think so, and I am not even including the peer presser, the fear of your own life if you do not cooperate with the criminal element.
Like many institutions that have been given to us from the past, we need to rethink them with current conditions. Our prisons, our educational systems, our ways of financing government even the application of our sacred constitution, may be making a greater contributors to our problems than we realize or are willing to omit.
We live in times that have no history, never has progress been so fast and so unpredictable. What was science fiction when I was in high school is today’s standard. Our current prison system is not working.
The point is, what’s wrong with an honest relook at the whys and ways we do things?
Ted Long is a South Lake Tahoe attorney.
And what do you propose as a solution?
Prison overcrowding has a lot to do with the laws we as a society have established. Do away with jail sentences for non violent drug users and establish better diagnosis and care for the true mentally ill, your prison population will fall. Make hard work mandatory for all prisoners with any profits from their efforts going back to pay for the court system and your “ghetto” types won’t see prison as a better place than where they are.
Make for profit prisons illegal so there would be no desire to make money by just filling rooms like a hotel.
The ones that are left will be the ones that we DO need to keep from society.
Mr. Long, I would politely disagree with your contention that time in prison is “revenge”. I would contend that the original intent of prison is to separate from society those who would harm ordinary people in such society.
Example, society can not hold if serial killers were allowed out to cause harm.
So such people get a “time out” for society’s good. In some cases the hope was that with time they will learn their behavior is wrong.
To put someone in prison for other reasons has been proven in the past to not be productive. For example, debtors prison, wherein if you have a debt you stay in jail until you pay, good in theory but impractical as the individual can’t earn money in prison to pay debts. If I am reading you right, this is what you are alluding to, that perhaps it is time to stop making anyone guilty of any crime a felon and instead promote a change in behavior. So are you contending that instead of learning welding in prison, you contend persons in their position should learn how to weld in some other setting and then get a job without the stigma of a felony on them? Thus in essence you are creating a new class of criminal? Not minor, not felon, but something else?
There is an enormous difference between revenge and punishment. Punishment is a useful tool for teaching about proper behavior and the consequences of crime. Revenge is non-productive and should be avoided if possible. I don’t believe that revenge is meant to be part of the penal code, even though folks do use it that way.
“Punishment is a useful tool for teaching about proper behavior…”
I’m absolutely sure you believe that is normal. That’s pitiful.
All the randers should get therapy.
I feel sorry for the dog.
Bill, I think belief in Angry Sky Man is more to blame. Some people lack the intelligence to think about morality critically and form their own moral code.
Like a dog, they don’t comprehend why pooping on the carpet is bad. They just don’t like the newspaper to the face that follows.
The Angry Sky Man has their own newspaper.
Ted, I basically agree with you, having a friend who was subjected to crowded prisons. A remarkably well educated, multilingual UCSB graduate with a substance abuse habit, the very kind of person who should not be in prison.
However, maybe you would think better and organize your thoughts and points a little better if you would leave rant mode, slow down and check your spelling.
What the heck are you two (fish and BB) talking about? As children, were you never punished by your parents in an attempt to teach you to behave?
Maybe not. Because neither of you seems to have learned it.
Behave? I haven’t done anything wrong, woman.
I am not a child.
And I am not the one who thinks like a child about morality and individual freedom. Tell us all about your thoughts on the gays. And Muslims. Show off your enlightened morality.
You xenophobic bigot.
Cosa P…. Get a clue…
You certainly act like a child, a ten-year-old brat on a playground.
Obnoxious, immature, narcissistic and rude that is how I read you.
You are a detriment to the community. A poster child of what not to be like.