Prison

Guiding Principles of Imprisonment

The justice system and the treatment of its deviants are shaped by salient contemporary values. Historically, the tone of criminal sentencing has been influenced by two philosophies: retributivism and utilitarianism. Exemplified through the ancient Babylonian Code of Hammurabi’s espousal of lex talionis (the law of retaliation), better known as “an eye for an eye,” retributivism is based on the principle that criminal offenders ought to suffer in a degree proportionate to the suffering they inflict. Conversely, utilitarianism asserts that the severity of a prison sentence should be determined by the best possible maximization of utility; that is, whatever best promotes crime prevention efforts and public safety. Utility maximization is achieved in three ways. First, through incapacitation, prisoners are physically detained to inhibit future offending. Second, through specific and general deterrence, the punishment associated with crime dissuades both prisoner and public, respectively, from engaging in criminal activity in the future. Third, rehabilitation reduces the likelihood of recidivism through behavior modification of prisoners. In 2014, 2.2 million people were held in prison or jail in the United States alone; a 500% increase over the last 40 years. Evidence suggests that changes in sentencing law and policy, rather than an increase in crime, are the driving forces behind the rapid expansion of the U.S. prison population.

Risk and Protective Factors Associated With Criminal Offending

There exists no singular path to criminality. Certain factors, however, increase the likelihood (with additional factors compounding for a multiplicative effect) of offending. Individual (e.g., pre- and perinatal complications, gender [male], aggression, delinquency, hyperactivity, impulsivity, low verbal intelligence quotient and delayed language development, and poor scholastic performance and commitment), familial (e.g., large family size, child maltreatment, poor parenting, discord in the home), and community (e.g., neighborhoods high in poverty and crime, antisocial peers, weak social ties, school policies on punishment of deviant acts) factors contribute to later violent behavior and/or criminal activity. Early on, the most significant influences are individual and family factors, with community factors becoming more salient with further integration into society later in life.

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