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Criminology andpenology |
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Theory |
Incriminal justice, particularly inNorth America,correction,corrections, andcorrectional, areumbrella terms describing a variety of functions typically carried out bygovernment agencies, and involving thepunishment,treatment, andsupervision of persons who have beenconvicted ofcrimes.[1] These functions commonly includeimprisonment,parole, andprobation.[2] A typicalcorrectional institution is aprison. Acorrectional system, also known as apenal system, thus refers to a network of agencies that administer ajurisdiction's prisons, and community-based programs like parole, and probation boards.[3] This system is part of the largercriminal justice system, which additionally includespolice,prosecution andcourts.[4] Jurisdictions throughoutCanada and theUS have ministries or departments, respectively, of corrections, correctional services, or similarly-named agencies.
"Corrections" is also the name of afield of academic study concerned with the theories, policies, and programs pertaining to the practice of corrections. Its object of study includes personnel training and management as well as the experiences of those on the other side of the fence — the unwilling subjects of the correctional process.[1] Stohr and colleagues (2008) write that "Earlier scholars were more honest, calling what we now call corrections by the namepenology, which means the study of punishment for crime."[5]
The idea of "corrective labor" (Russian:исправительные работы) inSoviet Russia dates back as far as December 1917.[6]From 1929 theUSSR started using the terminology"corrective-labor camps" (Russian:исправительно-трудовые лагеря (ИТЛ))[7]and"corrective labor colonies" (Russian:исправительно-трудовые колонии (ИТК)).
The terminology change in US academia from "penology" to "corrections" occurred in the 1950s and 1960s which was driven by a new philosophy emphasizingrehabilitation. It was accompanied by concrete changes in some prisons, like giving more privileges to inmates, and attempting to instill a more communal atmosphere. At least nominally, most prisons became "correctional institutions", and guards became "correctional officers".[8] Although the corrections-related terminology continued thereafter in US correctional practice, the philosophical view on offenders' treatment took an opposite turn in the 1980s, when academics labeled the"get tough" program[which?] as"The New Penology".[9]
Community Based Corrections are sanctions imposed on convicted adults or adjudicated juveniles that occur in a residential or community setting outside of jail or prison. The sanctions are enforced by agencies or courts with legal authority over the adult or juvenile offenders.[10]
Community Based Corrections can focus on both of adults and juveniles, attempting to rehabilitate them back into the community. In contrary to the "tough on crime" mindset which expresses harsh punishment, this community based correctional method seeks totransition offenders back into the community.[11]
In Canada, until 1972, the Criminal Code legislated that courts could impose a form of whipping on male offenders, to be administered on up to three occasions, but did not limit the number of strokes. Whipping of female offenders was not allowed. The whipping could be inflicted using a strap,cat-o'-nine-tails, or a paddle unless specified by the court.[12] The move to abolish corporal punishment in the Canadian penal system coincided with several reforms and a change from theReform Institutions label toCorrections orCorrectional.
Intermediate sanctions may include sentences to ahalfway house orcommunity service program,home confinement, andelectronic monitoring. Additional sanctions may be financial and may includefines,forfeiture, andrestitution; these are sometimes applied in combination.[13]
The use ofsanctions, which can be either positive (rewarding) or negative (punishment) is the basis of all criminal theory, along with the main goals ofsocial control, and deterrence ofdeviant behavior.
Many facilities operating in the United States adhere to particular correctional theories. Although often heavily modified, these theories determine the nature of the facilities' design and security operations. The two primary theories used today are the more traditional Remote Supervision[citation needed] and the more contemporarydirect supervision model.[14] In the Remote Supervision Model, officers observe the inmate population from remote positions, e.g., towers or secure desk areas. The Direct Supervision Model positionsprison officers within the inmate population, creating a more pronounced presence.
Corrective labor without deprivation of freedom [...] has developed from the initially ad hoc orders (some of them by Lenin himself) to apply it against class enemies. [...] The first legal enactments were issued as early as 19 December 1917 [...] Something new and constructive was brought into the stale and unimaginative air of correctional and penal practice [...].
On November 6, 1929, the Central Executive Committee and Sovnarkom of the USSR amended the 'Basic Principles of Criminal Legislation of the Union of SSR and the Union Republics' adopted in 1924. Article 13 of this document reads, in part: 'Social protection measures of a judicial-correctional nature are ... (b) deprivation of liberty in corrective-labor camps in remote locations of the USSR' [...] This was the first mention in Soviet legislation of the term 'corrective-labor camp' (ispravitel'no-trudovoi lager': ITL) [...]. [P]roclaimed principles of legality and humanism [...] are demonstrated by a different document - the Corrective-Labor Code of 1924.