It is not only theories and attitudes that have vied for ascendancy
within the penitentiary; there are competing histories of the penitentiary
itself and of its role as an institution of punishment. As Stanley Cohen
has observed in his masterful summary of these histories -- broadly divided
into the categories "traditional" and "revisionist" -- "these are not
just competing versions of what may or may not have happened nearly 200
years ago. They are informed by fundamentally different views about the
nature of ideology and hence quite different ways of making sense of current
policies and change" (Stanley Cohen, Visions of
Social Control: Crime, Punishment and Classification [Cambridge,
Mass: Polity Press, 1985] at 50).
The dominant "traditional" historical accounts are essentially the history
of progressive reform. As described by Cohen:
The conventional view of correctional change in general
and of the emergence of the prison in the early 19th-century crime control
system in particular, is based upon a simple-minded idealist view of history
. . . All change constitutes "reform" (a word with no negative connotations);
all reform is motivated by benevolence, altruism, philanthropy and humanitarianism,
and the eventual record of success of reforms must be read as an incremental
story of progress. Criminology and other such disciplines provide the
scientific theory (the "knowledge base") for guiding and implementing
the reform program. Thus, the birth of the prison in the late 18th century,
as well as concurrent and subsequent changes, are seen in terms of the
victory of humanitarianism over barbarity, of scientific knowledge over
prejudice and irrationality. Early forms of punishment, based on vengeance,
cruelty and ignorance give way to informed, professional and expert intervention
. . .
Not that this vision is at all complacent. The system is seen as practically
and even morally flawed. Bad mistakes are often made and there are abuses
such as overcrowding in prisons, police brutality, unfair sentencing and
other such remnants of irrationality. But in the course of time, with
goodwill and enough resources (more money, better trained staff, newer
buildings and more research), the system is capable of being humanized
by good intentions and made more efficient by the application of scientific
principles. Failures, even tragedies, are interpreted in terms of sad
tales about successive generations of dedicated administrators and reformers
being frustrated by a prejudiced public, poor co-ordination or problems
of communication. Good intentions are taken entirely at their face value
and are radically separated from their outcomes. It is not the systems
professed aims which are at fault but their imperfection realisation.
The solution is "more of the same" . . . As a view of history and a rationale
of the present policies [this] is by far the most important story of all.
(S. Cohen at 15, 18)
In contrast to the traditional and largely administrative histories
stand the "revisionist" accounts that Stanley Cohen has divided into two
models, one being the "we blew it" version of history and the other the
"it's all a con" view of correctional change. Cohen summarizes the "we
blew it" version (under the subtitle "Good [but Complicated] Intentions
-- Disastrous Consequences") in this way:
Roughly from the mid-1960's onwards, a sour voice
of disillusionment, disenchantment and cynicism, at first hesitant and
now strident, has appeared within the liberal reform camp. The message
was that the reform vision itself is potentially suspect. The record is
not just one of good intentions going wrong now and then, but of continual
and disastrous failure. The gap between rhetoric and reality is so vast,
that either the rhetoric itself is deeply flawed or social reality resists
all such reform attempts. (S. Cohen at 19)
The best-known exposition of this model is in the work of the American
historian David J. Rothman. In his books The Discovery
of the Asylum: Social Order and Disorder in the New Republic (Boston:
Little Brown, 1971) and Conscience and Convenience:
The Asylum and Its Alternatives in Progressive America (Boston:
Little Brown, 1980), Rothman tracks the history of prison reform and its
organization around a cyclical pattern of brief inspirational reforms,
led by dedicated individuals, followed by a slow process of displacement
of the originating ideals by more mundane organizational imperatives.
To explain the distance between the originating ideals and the subsequent
practice, Rothman coined the terms "conscience" and "convenience". As
summarized by Stanley Cohen, the story underlying Rothman's account flows
along these lines:
In Rothman's account, the asylum, which links the
concept of rehabilitation to the practice of incarceration, emerged in
Jacksonian American in response to social changes which began at the end
of the 18th century. Up to that point, the criminal justice system had
much more limited purposes -- petty offenders were deterred, punished,
shamed into conformity by the stocks, whipping, fining or banishment.
The more serious offender was sent to the gallows. These punishments were
directed at the body, and they took place in public. Starting in the period
after the War of Independence, attitudes and programs changed dramatically.
An inchoate anxiety developed about the new restless, socially mobile
population, together with the sense that all reforms of social control
(family, community, religion) were decaying and becoming outmoded . .
. Deviants were seen as the products of an anomic social order, and attempts
to control or change them came to involve segregating them away from the
corrupting influences of the urban society. The asylum was conceived as
a microcosm of the perfect social order, a utopian experiment in which
criminals and the insane, isolated from bad influences, would be changed
by subjecting them to a regime of discipline, order and regulation.
This goal of changing the person was born of
an optimistic world view . . . The pessimistic Calvinist view of inmate
depravity was replaced by a more optimistic post-Enlightenment view of
people as plastic creatures who could be shaped by their environment.
The prospects of reform seemed bright and these institutions proliferated,
eventually dominating the social-control repertoire. Soon, though, there
was failure: by the 1870's, and clearly by the 1890's, it was obvious
that asylums had degenerated into mere custodial institutions -- overcrowded,
corrupt and certainly not rehabilitative . . .
As closed institutions degenerated further, a new
wave of reform energy devoted itself to the search for alternatives, administrative
flexibility, discretion, a greater choice of dispositions. The ideal of
individual treatment, the case-by-case method and the entry of psychiatric
doctrines produced a whole series of innovations -- attempts to humanise
the prison, probation and parole, indeterminate sentencing, the juvenile
court, . . .
But again the gap between promise and fulfilment
was enormous. None of the programs turned out the way their designers
hoped. Indeed, so "diluted" became the ideas, that practice bore no relationship
to the original text. Closed institutions hardly changed and were certainly
not humanised; the new programs became supplements, not alternatives,
thus expanding the scope and reach of the system; discretion actually
became more arbitrary; individual treatment was barely attempted, let
alone successful. Once again, however, failure and persistence went hand
in hand: operational needs ensured survival while benevolent rhetoric
buttressed a long discredited system, deflected criticism and justified
"more of the same" . . .
For Rothman then, an appreciation of the historical
origins of the original reform vision, the political interest behind them,
their internal paradoxes and the nature of their appeal, creates a story
far more complicated than terms such as "reform", "progress", "doing good",
"benevolence" and "humanitarianism" imply. And an appreciation of how
reforms are implemented, shows that the original design can be systematically,
not incidentally, undermined by managerial and other pragmatic goals.
This is explicitly a history aimed at raising our consciousness. (at 19-21)
This revisionist view does not deny the possibility or the necessity
for reform, but suggests that the warning from history is that benevolence
itself must be distrusted. In understanding the historical process of
'reform' it is necessary to keep in mind constantly the ways in which
"convenience" can, and if history teaches us anything, will undermine
a reform vision based upon "conscience". Page 5 of 9
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