Evolution and Challenges of the U.S. Correctional System
Introduction
Prisons have existed since immemorial times, and even before modern times, they were places of preliminary detention, where criminals awaited execution, corporal punishment, or exile. For a long time, places of confinement were considered places of intimidation. However, with the development of state mechanisms, remedial systems were improved.
The term punishment has a long history of formation, from philosophical ideas to state norms. At the same time, its meaning reflects the essence of the corrective system of the United States, which is built on retribution, deterrence, and rehabilitation. The U.S. correctional system is built on a clear hierarchy and coherent principles, but the rapidly growing number of prisons and inmates, along with privatization, is causing a profound crisis in the system.
History of the U.S. Correctional System
To comprehend why the U.S. correctional system is experiencing difficulties, it is necessary to begin with a brief history of its formation. One of the first was the Pennsylvania prison system, aimed at strictly isolating criminals in solitary confinement, a regime of silence and isolation (History, n.d., paras. 3-4). The goals of imprisonment fully reflected the specific understanding of the essence of punishment and dealt primarily with the spiritual revival of the offender. A similar system existed in Auburn; its basic motives penetrated even into Europe, although they suffered significant softening.
Evolution of the Concept of Punishment
At the same time, the new interpretation of punishment in the second half of the 18th century was the primary driving force behind the development of a progressive correctional system (Burke et al., 2019, p. 315). At this time, the sociological school emerged, which began to put forward new ideas about the fight against crime and the treatment of criminals.
Punishment is much more than simply providing mental or physical suffering. Correctional institutions should guarantee not only the protection of society from criminals but, correspondingly, their re-socialization (Burke et al., 2019, p. 318). This idea now dominates questions about the correctional system and approaches to treating criminals and the specifics of their punishment.
Interpretation of Punishment in the U.S. Criminal Law
The basic aspiration of American criminal law is to balance the practical utility of criminal law and justice. On this basis, punishment implies retribution, deterrence, and rehabilitation (Burke et al., 2019, pp. 314-316, 319-320). It is the latter element that plays a major role in changing the behavior of criminals to integrate them into society further.
Analyzing the criminal legislation of the United States, both federal and state, it should be noted that it does not contain a legal concept of punishment. Traditionally, the punishment for a criminal is the restriction by the state authorities of one of the particular rights for a certain period through incarceration or other sanctions (What is the sequence, 2021, para. 28). Each jail is assigned a security level ranging from one to four, allowing for the establishment of corrective measures of varying severity.
The amount and type of punishment depend in some way on the harm inflicted and are aggravated or mitigated according to the offender’s personality, motives, and goals (Burke et al., 2019, pp. 316-317). At first glance, the U.S. penal system appears to function smoothly, aided by clear rules and principles. However, it is in a profound crisis, and its beginning can be seen in the dramatic growth of incarceration facilities.
Challenges of the U.S. Correctional System
Overcrowding
The scale of the problems in the U.S. penitentiary system is such that the authorities have not been able to solve them, even under pressure from the powerful American human rights community. The U.S. is on the list of countries with the most imprisoned populations nowadays (Kann, 2019, para. 1). All of this data demonstrates the difficulties facing American society today. The very operation of a correctional system of this magnitude creates many social, human rights, economic, interracial, and, as a result, political problems.
The main cause of overcrowding in American prisons is the severity of laws that punish minor offenses and non-serious crimes with prison sentences. For example, 37 percent of imprisoned individuals are sentenced for misdemeanors (The National Academies of Science, Engineering, and Medicine, 2020, p. 25). Moreover, a growing number of so-called private prisons are subject to abuses. The high prison population in the U.S. has long been transformed from a law enforcement problem to a social one.
Violation of Rights in Private Prisons
U.S. regional, local, and federal governments have attempted to address the rising costs of incarceration by privatizing prisons. Private prisons receive a certain amount per inmate from the state, regardless of how much it costs to keep them. Thus, the task of the prison business is to create such a mechanism and regime of security to use the labor of guards as little as possible. In connection with the privatization of prisons, human rights activists and journalists draw attention to the historical desire of owners and operators to profit by using cheap prison labor (Bauer, 2018, paras. 8-10). This, in turn, leads to violating prisoners’ rights and deteriorating prison conditions.
Conclusion
It can be concluded that the specificity of understanding the punishment concept determines the crime and punishment system. Retribution, deterrence, and rehabilitation are the basis of the U.S. correctional system, which is aimed at the maximum correction of the offender’s behavior. Among the positives of the system is the division of prisons into different levels of severity, allowing for an individualized approach to criminals depending on the offense.
At the same time, a clear division of the types of places of detention and the criteria that determine who should be punished is also a plus. Despite all the characteristics mentioned above, the correctional system in the U.S. is in a state of crisis because of the rising number of prisons and their privatization. The large number of inmates and the desire to profit from their labor negatively affect the detention conditions and the system’s functioning.
References
Bauer, S. (2018). The true history of America’s private prison industry. Time. Web.
Burke, A., Carter, D., Fedorek, B., Morey, T., Rutz-Burri, L., & Sanchez, S. (2019). Corrections. In Introduction to the American criminal justice system (pp. 309-341). Open Oregon Educational Resources.
History. (n.d.). Pennsylvania Department of Corrections. Web.
Kann, D. (2021). 5 facts behind America’s high incarceration rate. CNN. Web.
The National Academies of Science, Engineering, and Medicine. (2020). Decarcerating correctional facilities during COVID-19: Advancing health, equity, and safety. Web.
What is the sequence of events in the criminal justice system? (2021). Bureau of Justice Statistics. Web.