This Week’s Readings:
The two (2) readings this week include:
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An article by Robert Martinson (1974) on rehabilitation.
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An article by Norval Morris and Michael Tonry (1990) on intermediate
sanctions.
Rehabilitation
by Robert Martinson
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Martinson (1974) summarizes a review of 231 studies on
rehabilitation that occurred from 1945 to 1967.
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He looks at the following to determine the effects on recidivism:
educational and vocational training, individual and group
counseling, milieu therapy (i.e., everything related to treatment - no
distinction between guards and treatment staff), medical treatment,
psychotherapy, and Intensive Supervision Probation (ISP).
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A very influential study that still impacts views today toward
corrections.
Rehabilitation
by Robert Martinson
•
Martinson (1974) found that evidence was lacking for successful
rehabilitation (i.e., in terms of recidivism).
•
He states “With few and isolated exceptions, the rehabilitative efforts that
have been reported so far have had no appreciable effect on recidivism” (p.
399).
•
The findings from this study had a great impact towards re-shifting the CJS
focus on rehabilitation.
Rehabilitation
by Robert Martinson
Many methodological problems involving issues with the following:
•
•
•
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Control groups.
Lack of follow-up time.
Small numbers.
Treatment versus policy effects (i.e., where the experimenter not
experimented alters behavior in favor of finding a positive effect).
Rehabilitation
by Robert Martinson
Possible reasons for the findings include:
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Some programs do work, but the research was not able to uncover the e ffe ct. The
implication is that we need better (i.e., more sound and rigorous) research. This is
very true in the 1940s, 50s, and 60s, and some may say even today.
•
The treatment programs were not good enough (e.g., the education given to inmates
is poor, the therapy applied is not skilled enough, or given long enough, or targeted
for the wrong offenders). The implication is that we need more appropriately
tailored programs.
•
The rehabilitation model has never been fully attempted or implemented (i.e., no
more than 10 percent of correctional budgets - although most organizations face this
issue).
Rehabilitation
by Robert Martinson
•
Martinson (1974) provides an argument that rehabilitation treats crime as a
disease that can be cured, but that crime may be more societal in nature.
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If it is the latter (i.e., societal) then stop the rehabilitation notion and use
prison solely as a housing facility and move to a selective incapacitation
model based on risk for recidivism.
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The problem is that rehabilitation is compromised. For example, a
murdering spouse that catches her partner cheating may be much less of a
risk for future recidivism than the 18 year old robber. Are we to sentence
the former to probation and the latter to prison?
Rehabilitation
by Robert Martinson
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Interesting to note, please see that the title of the Martinson
chapter, it is:
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“What Works” as opposed to the widely reported phrase of “Nothing
Works.”
•
This is very interesting dynamic and play on words over the years.
Rehabilitation
by Robert Martinson
Here is a fascinatingly insightful newspaper article that appeared in
the Washington Post back in the late 1980s where the author
highlights many of the issues surrounding Martinson:
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http://www.prisonpolicy.org/scans/rehab.html
Rehabilitation
by Robert Martinson
Please view the following video (13 minutes) of Ed Latessa, a national
leader in studying correctional policy and rehabilitation:
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https://www.youtube.com/watch?v=Yul85E_LGzU&feature=youtu.be
Prison and Probation
by Morris & Tonry
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Morris and Tonry (1990) advocate for the increased use of
intermediate sanctions (IS).
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They argue that of the one plus million people in prison some 10 to
15 percent would be better served if on IS.
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Note: The present number of people in prison or jail is now over two
million, with another five million on probation or parole.
Prison and Probation
by Morris & Tonry
They believe that someone should only be incarcerated if one, or more than one, of
the following is present:
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Any lesser punishment would depreciate the seriousness of the crime or
crimes committed (i.e., to affirm the gravity of the crime).
•
Imprisonment is necessary for deterrence, general or specific (i.e., to
deter the offender and others who are like-minded).
•
Other less restrictive sanctions have been frequently or recently applied
to this offender because other sanctions proved insufficient.
Prison and Probation
by Morris & Tonry
•
They note that one reason why judges imprison offenders sometimes
has nothing to do with him or her thinking any of these three are
relevant, but rather the offender will not commit any crimes while
imprisoned (i.e., an incapacitation reason).
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They also argue that of those persons on probation many would be
better served on IS because probation case loads are unmanageable
and the punishment is not severe enough. Rather, a fine, house
arrest, or community service may be more appropriate.
Prison and Probation
by Morris & Tonry
•
They call for a “Comprehensive Punishment System” that would use
a continuum or range of punishment options (not just the
dichotomous probation/ prison option).
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Potential reformers must understand that IS are labor intensive and
in the short run may be more expensive than prisons, but in long run
may be more cost effective and “just.”
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IS must be enforced and backed up (i.e. there needs to be
consequences).
Prison and Probation
by Morris & Tonry
They believe IS are better suited in a determinate sentencing structure rather
than an intermediate structure. Why?
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The first involves an ethical concern in the sense they believe it is wrong
to extend prison time particularly in light of the fact that the system has
not shown it can actually rehabilitate inmates.
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The second involves a psychological concern in that forced participation
to demonstrate so-called rehabilitation is in direct contrast to selfimprovement, which is bred in voluntary participation (i.e., motivate
prisoners to participate not motivate them to change).
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Moreover, a comprehensive sentencing system must provide guidance to
judges on which IS to apply, when, and to whom.
Prison and Probation
by Morris & Tonry
Question: What do the authors mean when they promote what they call
“Principled interchangeability of punishment of like cases?”
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Please go into the discussion board to comment/discuss.
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See “exchange rates” discussion involving the notion that like cases
should not be treated alike (see also the controversial example offered
on pages 383-384.
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