Prisons: A Social Construct Under Scrutiny
What do you picture when you think of prisons? Most imagine concrete walls, steel bars, and stark separation from society. But forgetting the physical structures, have you ever stopped to consider what prisons truly are, and why they exist in the form they do today?
Prisons are a social construct, which means they exists because society as a whole agrees that they exist. They aren’t natural nor inherent but rather shaped by cultural and historical contexts, which is precisely why they may somewhat vary between different societies. Ultimately, they are the product of specific historical developments, philosophical beliefs, and social norms which have evolved over centuries.
The Concept: Core Objectives
Fundamentally, prisons are designed to achieve specific objectives which broadly fall under:
1.Retribution
This is the idea that offenders shall suffer for the harm they caused. It is somewhat similar to ‘’an eye for an eye’’ idea of justice but opposed to the offender being harmed back in the same way they harmed, they are sent to prison.
2.Deterrence
This is the idea that through punishment of offenders, they and others will be discouraged from committing future crimes.
3.Incapacitation
Is about removing offenders from society to prevent them from committing further crimes. This is the most straightforward goal as if they are locked up, they cannot cause further harm.
4.Rehabilitation
The aim to reform offenders and equip them with the skills and mindset to become a law-abiding citizen upon release. This is arguably the most aspirational, and often the most challenging, goal.
How Does IT Work?
This is where the construct comes under scrutiny. While prisons undeniably achieve incapacitation to a degree, their effectiveness in terms of deterrence and most significantly, rehabilitation, is a subject of intense debate. The rates at which released prisoners re-offend remains high in many countries despite increased efforts to deter and rehabilitate, leading many to question whether imprisonment as it stands can truly provide positive change.
Many critics argue that the harsh, often dehumanising environment of prisons can actually do the opposite, ultimately exacerbating existing problems, leading to a cycle of re-offending. Some also suggest that rather than rehabilitating, prisons simply warehouse individuals, potentially turning minor offenders into hardened criminals through exposure to criminal subculture.
Over-Criminalisation
Perhaps, one of the most critical aspects of the prison construct is its undeniable and often devastating impact on social minorities and economically disadvantaged communities. Worldwide, social minorities and disadvantaged are disproportionally represented in prison populations. This is not because these groups commit more crimes but rather due to the flaws and bias within the construct and systems facilitating it.
1.Systematic Bias in the Justice System
From policing practices that target certain neighbourhoods to racial profiling, to inconsistencies in sentencing for similar crimes, biases can infiltrate every stage of the justice system.
2.Socioeconomic Factors
Poverty, lack of education or opportunities, inadequate access to mental health and addiction service, and limited job prospects can all contribute to an increased likelihood of involvement in activities deemed criminal. When survival is a daily struggle, individuals may be driven to desperate measures.
3.Street Crimes vs White-Collar Crimes
The type of crimes most heavily policed and punished often disproportionately affect the poor. While corporate fraud or environmental violations might cause widespread harm, they often receive less attention and less severe penalties than street-level offenders. It may be because it is simpler to target those with no means to fight or pay for an expensive legal team.
4.Criminalisation of Poverty
Behaviours associated with poverty, such as homelessness, begging, or even public disturbances, can be criminalised, leading to cycles of arrest and incarceration for individuals already struggling, further diminishing any potential opportunities or future job prospects.
Beyond the Bars
Recognising that prisons are indeed a social construct, introduces the potential for change. If the system is failing to achieve its stated goals and is consistently contributing to social inequality, then it’s imperative to explore other solutions.
1.Focus on Restorative Justice
Opposed to predominantly focusing on punishment, restorative justice seeks to repair the harm caused by a crime by involving victims, offenders, and communities in finding solutions.
2.Investing in Social, Decriminalisation, and Diversion Programs
Addressing the root causes of crime such as poverty, lack of education, mental health issues, and addictions through social programs, and providing diversion programs for non-violent offenders, particularly those suffering addiction or mental health issues can be far more effective than imprisonment, ultimately preventing over-criminalisation of minorities and ending the continuous cycles of poverty.
3.Reforming Sentencing Guidelines
The potentially most crucial aspects which require reconsideration withing the prison construct are the sentencing practices and historical biases, which lead the overwhelming inequality.
Final Thoughts
Prisons are a human creation, and as such they inherited our biases, and hierarchical dynamics which results in over-criminalisation of the disadvantaged, and disproportionate impact on vulnerable populations. Serious reconsiderations are crucial in order to achieve a more just and fair approach to crime and punishment- one that truly serves the goals of safety, justice, and human dignity.
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