A new penology? Considerations on correctional reforms within New Zealand
This essay will discuss the extent to which the paradigm of the new penology has shaped correctional reforms, as the matter is greatly disputed. To do so, its origins will be examined, along with the new penology’s implementation in drug courts, drug testing and community-based sanctions. However, because the new penology is an extensively broad theory, there are features it fails to acknowledge. To exemplify its limitations, specific evidence from New Zealand will be focussed on where the new penology is not a fully-fledged tool to explain correctional reforms. Instead, there are three significant rationales at play, all which support the existence of each other. The social conditions can be concurrently examined through three lens: the new penology, the old penology, and the public discourse, all of which paint the most appropriate picture of correctional reforms relating to risk management in New Zealand.
Essential to Simon and Feeley’s (1992) argument, the new penology is a result of macro-environmental change in the 1970s. Stemming from the Rockefeller drug wars, we’ve witnessed a harsher policing of drugs and the expansion of law enforcement. Adoption of neo-liberal policies has produced an unrehabilitative ‘underclass’, seemingly perpetuated in poverty and futility. These factors have led to exponential increases in incarceration. It constitutes a shift in how the criminal justice system is
Bruce Western’s, Punishment and Inequality in America, discusses the era of the “Prison Boom” that occurs from 1970-2003—when incarceration rates climbed almost five times higher than they had been in the twentieth century—while stating the effects and consequences that mass imprisonment created within the United States penal system. By discussing the disparities of incarceration between sex, age, race and education level, and how post-incarceration affects opportunities such as marriage and high-waged employment. Western provides an analysis of how the risk of incarceration accumulates over an individual’s lifespan.
While ‘Crisis’ may seem like an over-exaggerated term to describe the current state of the penal system, it emphasises the clear difficulties and potential dangers that which the penal system is facing. Factors related to a penal crisis include overcrowding, a breakdown of control, bad prison conditions, understaffing and a loss of security (Cavadino and Dignan, 2002).
Imprisonment is one of the primary ways in which social control may be achieved; the Sage Dictionary of Criminology defines social control as a concept used to describe all the ways in which conformity may be achieved. Throughout time imprisonment and its ideas around social control have varied. Imprisonment has not always been used for punishment, nor has it always thought about the prisoners themselves. However when looking at imprisonment it is important to consider the new penology. Therefore, it needs to be clear what the new penology is. The new penology is said, not to be about punishing individuals or about rehabilitating them, but about identifying and managing unruly groups in society. It is concerned with the managerial
Part 1 of the book highlights chapter 1 and 2, which talks about politics and the consequences of incarceration while chapter 2 talks about the politics of being punished within the united states, some sub topics between chapter 1 and 2 include problem ownership, philosophies, historic changes with the corrections policy throughout time and the economic impact of being incarcerated. Chapter 2 talks about the process in which politics can affect the outcome on crime and punishment, throughout the 1960s the criminal justice system has changed a lot especially correctional professionals who have brought issues to crime and its political forefront.
This paper explores several different sources that cover some aspect of how the United States Penal System went from the Rehabilitative Model to a punitive system. Bryan Stevenson and Betsy Matthews have written about how drug enforcement and the “War on Drugs” are responsible. Yeoman Lowbrow’s analysis of the crime rate and statistics will be considered alongside Matthews’ analysis of the different political parties’ changing views. The change in United States sentencing practices as a result will also be considered. In the conclusion a brief summary of a predicted future will be
There has been debate over whether non-violent drug offenders belong in prison. Some believe all drug offenders should be put in prison, others believe that it depends on circumstances, and, still others believe only violent drug offenders should be incarcerated. Overcrowding is one point of contention. It seems as though the slightest infraction can land a person in prison. Violence is rampant, whether inmate versus inmate or inmate versus guard. Rehabilitation or education is practically non-existent, unless an inmate teaching another inmate how to commit the ‘perfect’ crime is counted. Evidence shows being in prison does little to rehabilitate an inmate. Clearly, the system does not work.
Mass incarceration became a public policy issue in the United States in the 2000s. Now in 2016, there are still many questions about America’s incarceration rate, 698 prisoners per 100,000 people, which is only surpassed by Seychelle’s at 868 for every 100,000. They concern the phenomenon’s beginning, purpose, development, and essentially resolution. In her book published this year, assistant professor of history and African and African-American studies at Harvard Elizabeth Hinton challenges popular belief that mass incarceration originated from Reagan’s War on Drugs. Mass incarceration’s function as a modern racial caste system is discussed in a 2010 book by Michelle Alexander, an associate professor of law at Ohio State University, civil
“Poverty goes up; Crime goes down; Prison population doubles. It doesn 't fit, unless some sort of alternative explanation comes into play. Maybe all those new nonviolent prisoners fit into some new national policy imperative. Maybe they all broke some new set of unwritten societal rules. But what?” – Matt Taibbi
The past quarter century has seen an enormous growth in the American incarceration rate. Importantly, some scholars have suggested that the rate of prison growth has little to do with the theme of crime itself, but it is the end result of particular U.S. policy choices. Clear (2007) posits that "these policy choices have had well-defined implications for the way prison populations have come to replicate a concentrated occurrence among specified subgroups in the United States population in particular young black men from deprived communities" (p. 49).
In America, crime rates are going up and prisoners are being released from prison with a wrong sense of direction resulting in their finding themselves back behind bars within a short period of time after being released for an action that could have been prevented if the proper precautions had been taken. Prisons need to put forth the effort to resolve these issues and make America’s streets secure again. The criminal justice system in prisons is a rising concern in this country that is affecting many and it is time it was improved by reforming the inside of prisons, providing prisoners with more when released, and keeping them under surveillance after release to help ensure they will not return to prison, thus keeping crime at a lower rate.
Our criminal justice system is complex and multi-faceted. When people talk about criminal justice reform, they are actually referring to a number of distinct issues and problems. On a national level, the focus on reform can be seen as a recognition that the “tough on crime” legislation that was all the rage in the 1980s and 1990s – mandatory minimums, “three strikes” laws, enhanced sentences for drug crimes to name a few examples – created more problems than they were designed
In The New Jim Crow: Mass Incarceration in the Modern Age of Colorblindness by Michelle Alexander, the author argues the legal system doing its job “perfectly” well—the United States has simply replaced one caste system, the Jim Crow laws instituted in the 1880s and designed to oppress recently freed black slaves, for another—a system which uses the War on Drugs, which was instituted in the 1970s, to imprison, parole, and detain people of color, keeping the majority of minorities in the United States in a permanent state of incarceration. This an important issue because it affects the everyday lives of people around the nation. Alexander looks in detail at what economists normally miss—the entire legal structure of the courts, parole, probation and laws that effectively turn a person who may have done the crime into a person who is unworthy or “incapable” of rehabilitation. Alexander does a wonderful job of telling the truth, and blaming the right people, who can be liberal or conservative, white or black, who inflict this injustice on others. Alexander’s writing, however, does lack a structure that the reader can follow, which ultimately weakens her overall case.
With the population of the United States prisons growing every day we need to evaluate if they are doing any good. Personally, I believe that we need to keep our prison system, but we need to take steps in reforming them rather than abolish them altogether. The United States has the highest number of incarcerated people than any other country in the world. We must sit down and look at other countries and see what they are doing different than the United States. In this paper, we will first look at what the prison system in America is like and what we can do to improve upon our prison system. Then, we will also look at the Finland prison systems and see if we can learn anything from them, since they have one of the lowest incarceration and crime rate in the world. We will then look at reforming our prison system or abolishing it. Finally, we will investigate other punishment alternatives other than the prison system that we could use.
From the 19th century to the 20th, crime control state agencies have become instilled with ‘penal welfarism’ and rehabilitation. However since then they’ve been dominated by risk management, incapacitation and retribution. In clarifying this change Garland; the formal organisations of crime control have a tendency to be responsive. Garland states “too often our attention focuses on the state’s institutions and neglects the informal social practices upon which state
Dominique Robert’s (2008) theoretical framework in the article “Prison and/as Public Health. Prison and Inmates as Vectors of Health in the New Public Health Era. The Case of Canadian Penitentiaries” focuses on structural elements that explain the use of correctional health care in the prison setting today and how this plays a role in the broader public health strategies in the outside community. He does this by explaining factors such as “the mobilisation of prison as a tool for the new public health” and "the production of inmates into healthcare ‘consumers’, along with the role of actuarial justice.”