Correctional Theories

This paper looks at correctional theories through the sociological lens. These theories look at the institutions and structures of punishment, how they are justified, and how well they accomplish what they claim. There is an initial look at deviance and crime as part of normal, healthy societies, establishing the need for all societies to have a means to impose social control on members who commit crimes. Explanations of deviance and the resulting response are explored historically. Forms of negative sanction, or punishment, used in the United States are considered. Various studies looking at the success of the current system and some criticisms of mainstream approaches to punishment are also discussed.

Keywords Anomie; Biological Determinism; Criminology; Deviance; Differential Association; Greatest Good for the Greatest Number; Labeling Theory; Sanctions; Socialization; Street Crime; Total Institutions; White Collar Crime

Correctional Theories

Overview

Correctional theory studies how and why we punish people in society. These theories look at the institutions and structures of punishment, how they are justified, and how well they accomplish what they claim. The complexity of how we punish people in societies means that this field is very wide and, ideally, requires a general understanding of deviance, social order, law enforcement strategies, and social control. Correctional theories focus mainly on the means of social control, and in the United States these have included monetary fines, incarceration, capital punishment, and the newly developing alternative sentencing programs, including community service and restorative justice programs. Because this arm of sociology is so broad, the thinkers that have contributed to it also include psychologists, anthropologists, historians, and biologists.

Deviance

For someone to be deviant, there must be a rule to break. Put another way, it is not possible to have deviance in a society if there are no rules (called norms in sociology) to be broken. Structural-functionalist Emile Durkheim, one of the classical theorists in sociology, was careful to point out that all normal, healthy societies have deviance. Norms, and therefore deviance, to a structural-functionalist, have several very important purposes:

• They help us to define what our society is and how to live in it;

• They help us insure sense of cohesion, or common social bonds, because we share certain values and norms; and

• They show us what we should and should not do.

Deviants, those members who break the rules, and the negative sanctions, or punishments, applied to them, have a deterrent effect on the compliant members, reinforcing why they should conform to the dominant norms.

For Durkheim, the level of deviance in a society reflects how cohesive the society is. In complex, industrialized societies, there is often a sense of normlessness and confusion that comes from either unclear rules or members being too individualized or too self-interested to go along with all the rules. Durkheim calls this sense of normlessness "anomie." Many theorists agree with Durkheim that a lack of clear rules contributes to deviance.

Robert Merton, an American functionalist, agreed with Durkheim about the effect unclear rules have on a society and its members. But Merton's ideas differ from Durkheim's in that he recognized that some social structures, in this case capitalism, do not provide the same opportunities for everyone to be successful. Merton points out that in American society, most members value wealth because it is a central element in capitalism, and yet all members don't have the same access to wealth. So, some members engage in deviant behavior in order to fulfill the social expectation of achieving wealth. In other words, the goals are the same for most of the members, but the means to accessing the goals are not equal.

History of Modern Corrections

Every correctional theory makes certain assumptions about why there is deviance in a society, and what to do about. Most current correctional theories hold the assumption that deviants should be punished, but also can be reformed or rehabilitated. This way of punishing people in society is relatively new to the social world, and this is well established by the French historian Michel Foucault (1975) in his groundbreaking book investigating the birth of the modern prison system. In this work, Foucault starts by describing the pre-Enlightenment punishment before the early eighteenth century; often public forms of punishment were designed to shame and terrorize the deviant. There was no attempt to allow the deviant a chance for retribution, or pay back society or the victim, or to rehabilitate or bring the criminal back into society.

The modern prison system, developed in the mid-1700s and fully implemented by the early 1800s, was aimed at creating a more humane system. Its advocates argued that the system of torture and public humiliation that characterized the medieval period was antiquated and did not work, but most importantly, it was cruel and dehumanizing. They wanted to develop a system that reflected new and progressive ideas that were seen in other social institutions, like the enlightened governing bodies, novel ways of thinking about the economy, and the powerful critiques of religion. The American judicial and legal systems are historically embedded in Enlightenment ideals, although recently other influences have been a part of their definitions.

The work of social scientists has, in many ways, been the basis for these systems of negative sanctions applied to criminals. There are, of course, other factors that go into how punishment is meted out, like religion or economics. But, sociological theories have historically dominated, and are still employed, to help determine how to punish whom for what offense.

The earliest modern theories of corrections were determined by the earliest modern explanations for deviance. The classical school in criminology is based in the work of Enlightenment thinkers, mainly, Jeremy Bentham and Cesare Beccaria. Bentham, a philosopher and social reformer who despised the idea of "natural law" because he said it served those in power, said laws were good or bad based on the utilitarian principle of "the greatest good for the greatest number." Rules, he said, should be aimed at making the greatest number of people happy. But individuals want to maximize their own pleasure and minimize pain, so they could deviate if the rewards for doing so outweighed the costs of getting caught. Bentham thought that deviants were people who made poor calculations; they were not immoral. Punishments should be just harsh enough to discourage those who were not rational enough to make a self-interested beneficial calculation, but not harsher than needed to deter crime. Bentham's utilitarian principles were the basis for his famous plans for a penitentiary, called the "panopticon." This was a circular building with spokes coming out from a central guard tower. This meant that the prisoners could not see whether the guard was watching them or not, but would always have the sense of being watched. Only two prisons were built using these plans, one in 1825 in Pittsburgh, and one in the 1920s in Statesville, Illinois (Clear, Cole & Reisig, 2005). The system was not considered further.

Italian philosopher and politician, Cesare Beccaria wrote one of the most powerful and widely utilized critiques of the penal system as it was employed during the eighteenth century. A humanist, he rejected any use of the death penalty because, first, it is not the right of the state to determine who will die, and second, because it is neither useful, nor does it enhance public security. Other aspects of Beccaria's reformist ideas were:

• Punishment should be preventative, not retributive (out of vengeance),

• The punishment should fit the crime,

• Crime prevention is insured by making the punishment a known certainty, not through harshness, and

• Punishment should be prompt (Sitze, 2008).

In the early 1800s, America began erecting institutions of all types, not only prisons, but asylums, orphanages, and reformatories. This was a response to a rapidly growing crime rate explained by the lack of social cohesion, which was due to the huge numbers of immigrants. In other words, so many different types of people had come to the United States so rapidly that there lacked the common bonds that keep people from deviating (Harcourt, 2006). By the mid-twentieth century, the rate of institutionalization (including prison, asylums, reformatories, etc.) was almost 650 per 100,000 (Harcourt, 2006). Bear in mind that the development of institutions to this extent was not considered inhumane, and was an attempt to provide a controlled environment for deviants of different types. Erving Goffman (1961), a Canadian sociologist, defines these places of complete confinement as "total institutions," designed to provide a place to systematically remove certain members and control every aspect of their lives.

Differential Association Theory

In the 1930s, sociologist Edwin Sutherland, who coined the term riminology to describe the study of deviance, developed a theory claiming deviance is a learned behavior, not pathological. Sutherland's theory, called differential association, argues that one is not born deviant; rather one learns to be deviant just as one learns anything else, through socialization. Socialization is a process of coming to understand a culture, and internalizing its norms and values. Sutherland's theory demands a look at the social structure, instead of an individual's personality or genetics. He says that within groups, people learn deviant behavior and this knowledge is used to the extent that there is the opportunity to use it. So, one learns to be a plumber, a lawyer, a bank robber, or an embezzler all in the same way. For example, the best single predictor of drug use is association with friends who use drugs (Spohn & Holleran, 2002). Sutherland also says what motivates the criminal is the same thing that motivates the noncriminal, and in American society that is wealth and status. The strength of Sutherland's theory is found in his work on white-collar crime. Many previous theorists surmised that deviance was due to poverty and that it was rational for those who could not access wealth and status to attempt to do so, even if that meant breaking the rules. But this does not explain white-collar crime, which is crime committed by middle and upper-middle class members, generally through their occupational statuses. Proponents of differential association argue that the best way to discourage deviance is to allow the deviant access to status and wealth and access to a different group association (Gaylord & Galliher, 1988).

Labeling Theory

Related to Sutherland's differential association theory is labeling theory. Howard Becker, an interactionist theorist, developed the theory in the 1960s that our sense of self lies in our interpretation of a collective, social definition of how we define ourselves. Becker said that if a behavior is labeled deviant, those who commit those acts are punished for being deviant, they then see themselves as deviant and, in this way, the greater society has contributed to the creation of deviance. These types of stigmas, or social labels, are applied not only to the criminally deviant, but also to social deviants, such as those defined as mentally ill (Becker, 1997).

Both labeling theorists and proponents of differential association argue that incarceration exacerbates, or makes worse, the problem of deviance. The best way to handle deviance is to make opportunities for conformity to norms available to deviants, as well as allowing them the opportunities to redefine themselves. They advocate for alternative sentencing that keeps the offender from being exposed to other deviants, as well as the greater stigma associated with imprisonment. These were the theories that drove the prison reform movement of the 1960s and 70s, which advocated for rehabilitation and which was supported by local, state, and federal governments through funding for education, mental health programs, drug rehabilitation, and other reforms.

Applications

Forms of Punishment

Criminologists call all the programs employed to rehabilitate and reduce recidivism rates, notions of who is deviant and why, and theories of social control, a body of literature called the "What Works" literature (Hubbard, 2006, p. 44). There are four categories of punishment in the United States penal system based on what works:

• Monetary fines,

• Incarceration,

• The death penalty, and

• Community service.

Generally, punishment is determined based on the social perception of how serious the crime is, which is measured by how destructive it is to society. This means that the death penalty is reserved for the worst criminals, incarceration is used for a wide range of deviants, from those who break state-set marijuana laws to those who commit murder, monetary fines are used for white-collar criminals and those offenses that seem less dangerous to the overall society (like speeding), and community service, a relatively innovative program for the American judicial system, is used in efforts to reestablish connections between deviants and the community.

Monetary Fines

Monetary fines are penalties in which payment is made to the court. Most state and federal statutes in the United States provide for the ability of the judge to impose monetary fines. This punishment is not commonly used in punishing street crime (versus white-collar crime) because the offender often doesn't have the means to pay and may, therefore, encourage more crime in order to pay the fine. But fines are a common punishment for minor offenses like violations of traffic laws, and white-collar crime, although public outrage has forced sentencing changes for white-collar crimes in the face of decades of light punishments.

Incarceration

Incarceration is defined as being placed in a federal or state prison, or a local jail. According to the Bureau of Justice Statistics (BJS), in 2006, there were 2,299,116 people incarcerated in the United States, an increase of 1.8% from the year before, but less than the average 2.6% increase over the last six years. Thus, there are 509 people imprisoned in America per 100,000. Per 100,000 black men, there are 4,618; per 100,000 Hispanic men there are 1,747; per 100,000 white men, there are 773 in prison. Violent crimes account for about half of the offenses (U.S. Department of Justice, n.d.a.). The chances of being rearrested, or recidivism, within three years of release is about two-thirds, and the chances of being reconvicted is about 50% (U.S. Department of Justice, 2007).

For 2011, the BJS reports that there were 1,504,104 inmates incarcerated in state or federal correctional facilities in the United States, with 492 people imprisoned per 100,000 (Carson, 2013). The BJS also estimates that the 2011 imprisonment rate per 100,000 black men was 3,023; per 100,000 Hispanic men, 1,238; and per 100,000 white men, 478 (Carson & Sabol, 2012).

Capital Punishment

Capital punishment, or the death penalty, is punishment for the highest crimes (such as murder and treason), which vary from state to state in the United States Capital punishment is not used in every state, with twelve states disallowing it for state crimes. If a federal law is broken, it can be imposed even if the state has made it illegal. According the Bureau of Justice Statistics, 42 people were executed in the United States in 2006, all were men, 28 were white, 14 were black. There are 3,328 people on death row, a decrease of 17 from the previous year. The bureau has statistics for executions since 1930, when 155 people were executed. The number peaked in 1935 with 199, and was made illegal in 1968. It was reinstated in 1976, but numbers of executions did significantly rise until the 1980s, after which it has subsequently deceased (U.S. Department of Justice, n.d.b.). The BJS reports that by the end of 2012, nine states executed 43 inmates. By the end of 2011, there were 3,082 death row inmates, of which 55 percent were white and 42 percent were black; 387 death row inmates were Hispanic (Snell, 2013).

America is an oddity among Western industrialized nations in its acceptance and practice of capital punishment. The European Union will not accept any country if it employs the death penalty. Use of this punishment in the United States has almost no evidence of preventing crime, and yet about 70% of Americans support the death penalty, though this is decreasing. Sidanius, et al. (2006) investigated this paradox. They suggest that instead of people supporting the death penalty because they either believe it is a deterrent to crime, meaning it is preventative, or they believe the criminals should "pay" for their crime, people support it because they think those on death row are inferior to them. Using the social dominance theory, or the idea that a society is made up of hierarchies in which some people are members of the dominant group, some hold that they are superior to the others and can be afforded privileges.

Community Service

Community service has been used for about 40 years. Community service is considered an alternate sentence and is designed to help the offender pay back society, as well as make connections in the community. The offender might work for a local non-profit, serve a community organization, clean parks or other public spaces, assist the elderly, and so on. There are several reasons community service has been popular. First, as the incarceration rate has continued to increase and the cost is becoming prohibitive, it has been considered a cost-saving alternative for nonviolent and young criminals. Second, with the recidivism rate at about two-thirds, alternatives to exposing nonviolent and young criminals to more hardened criminals are being explored. Third, community service has a positive reputation in other countries, particularly in Europe.

One of the reasons community service has gained so much attention is the finding that incarceration is not effective in reducing crime. Using data from 1993, Spohn and Holleran (2002) showed that imprisonment does not reduce the chances that someone convicted of a felony will return to prison. In fact, incarceration increases the chances of reoffending and sooner. Those placed on probation were less likely to reoffend, and, for those convicted of drug crimes, this effect was even more pronounced. This type of research has garnered popular support for community service, with 75% of Americans in support of a combination of community service and paying restitution to make the society safer (Maguire & Pastore, 1997).

While community service has been used since the 1960s in the United States, a 2006 study showed that it may not have the results it claims, particularly in reducing recidivism rates. Community service, in this study, showed more effective only when the offender completed the service. Community service was effective, though, in reducing prison costs and overcrowding (Bouffard & Moftic, 2006).

Using Correctional Theories in the Field

Correctional theories are used to determine who to punish and what form that punishment will take. One of the greatest challenges for the US judicial system has been the preferential sentencing treatment of white-collar criminals; historically white-collar criminals are not punished to the same extent as street criminals. White-collar crimes, by definition, are committed by the relatively privileged; they are crimes that arise out of opportunity, mainly through occupation. Recalling the earlier discussion of how deviance is created through the creation of laws, most white-collar crime laws were passed either in the 1920s (antitrust laws), 1930s (social welfare laws), or in the 1960s (consumer protection laws). The FBI does not have an accurate means to collect data about white-collar crime, with the main claim being that it fails to "keep up with the changing face of crime and criminal activity" (Barnett, n.d., p. 2). Between 1997 and 1999, white-collar crime made up 3.8% of crimes reported to the FBI (Barnett, n.d.), but the Justice Department says it has no accurate way of determining the percent of white collar crime in America.

Another way correctional theories are used is in reconsidering the viability of outdated theories. For example, one cutting edge issue in corrections is research done on genetics that places into question many of the theories that rely on socialization as an explanation for deviance. Work on deviance has become more sophisticated as the science of genetics has become so advanced. The 1930s reaction to the biological determinism of Lombroso may need to be reconsidered in light of some of the latest work on DNA. A Finnish study (Johansson, et al. (2008), using a classic twin pairing to study 938 men found that tendency toward sexual coercion, or rape, was tied to genetics. Most of the literature explaining deviance over the past century has been aimed at negating the earliest claims that genes are factors in deviance. This study found that for those who engage in sexual coercion, 26% of this is found to be genetic, with the other 72% being learned behavior, or environmental.

Restorative Justice

Correctional theories are being used in the revamping of the system that includes employing punishments that insure victims are considered, called restorative justice. As mentioned earlier, our current correctional theories are embedded in the enlightenment ideas of reason, and that emotion should not be used when employing punishment. For some, we must reinvent justice to consider the emotions of the victims of crimes, and allow offenders to be aware of the impact they have had on individuals and on society at large. In this model, the term "emotionally intelligent justice" is used to describe a new paradigm of corrections that uses restorative justice, biomedical mental health treatments for offenders, programs to make justice officials more aware of the emotional impact of their words on citizens, and programs to help justice officials manage their own emotions (Sherman, 2003).

Viewpoints

One of the greatest criticisms of the judicial system is the dramatic rise in the prison population between the late twentieth century and early twenty-first century to over two million incarcerated, and that this rate is fueled by both the privatization of prisons, and the general fear of dark-skinned men in American society (Schlosser, 1998). But one study shows that institutionalization in some type of confinement, was higher in the 1950s than in the mid-2000s. Harcourt (2006) found that, if all total institutions were added to the prison rate, the number of incarcerated was higher in 1955 than it was at the time of the study, at 640 per 100,000 aged over 15. Moreover, this study found that homicide rates ebbed and flowed with the number of those institutionalized (Harcourt). This study found that, if all total institutions were added to the prison rate, the numbers of incarcerated was higher in 1955 than at the time of the study, at 640 per 100,000 aged over 15. Moreover, this study found that homicides rates ebbed and flowed with the number of those institutionalized. Finally, this study showed that the murder and institutionalization rates mirror one another, if all institutions are included in the calculation. In other words, the more people institutionalized, the lower the murder rate and vice versa.

There are several perspectives that suggest that the early twenty-first century approach to corrections is inadequate. First, there are some studies that criticize the assumption that deviants are those who are dramatically disconnected from the social world, and therefore have a sense of worthlessness; some work shows the opposite. For those who have suggested that deviance is the result of a lack of connectedness and this creates a lower sense of self esteem, this study found just the opposite (Hubbard, 2006). In fact, low self-esteem was not an explanation for deviance among African Americans; the opposite was true. That is, for blacks the higher the self-esteem the more likely the person was to be arrested. For whites, the opposite was the case; the higher the self-esteem, the less likely they were to be arrested. The implications for this is quite important in the sense that most Western systems designed to deal with deviance are highly bureaucratized, meaning they do not deal with people on an individual basis. Decades of programs designed to keep people from committing crimes have been based on the assumption that low self esteem is a key factor in deviance. One explanation for this seemingly paradoxical occurrence is that blacks who have higher self esteem may be more likely to be arrested is because they are aware of their powerlessness in society and are reacting to their lack of status in society by rebelling against the power structure, represented by the police specifically, and by mainstream society in general.

Conclusion

Theories of corrections have historically been reflected in the larger expectations of American society, as well as the larger movements of social reform. The means used to either punish and/or reform criminals in our society are based in primarily sociological theories of deviance. Still, these theories have not necessarily been successful in identifying the reasons for crime, the ways to prevent it, or how criminals should be treated.

Terms & Concepts

Anomie: A social condition in which norms and values are not clearly defined, thus producing higher rates of deviance.

Biological Determinism: A theory of deviance developed by Lombroso which says people are "born criminals."

Criminology: A term to describe the study of deviance, coined by Edwin Sutherland in the early 1930s.

Deviance: An act that breaks the dominant rules in a society.

Differential Association: A theory of deviance developed in the 1930s by Sutherland and attributes deviance to being associated with others who engage in deviant behavior; one learns to be deviant like learning anything.

Greatest Good for the Greatest Number: A utilitarian ideal of Bentham, it says that society should be not concerned about morality, a corrections, it should be concerned for what is best for the most people.

Labeling Theory: A theory of deviance developed in the 1950s by Becker, which suggests that as a behavior gets labeled by others as deviant, others behave differently toward the person who exhibits such behavior, and the person begins to act as expected.

Sanctions: Positive (rewards) or negative (punishments) sanctions are used to convey to people whether they are conforming or deviating from social expectations.

Socialization: The process of learning how to behave and think through various institutions, including the family, religious beliefs, the education system, and the media.

Street Crime: Crimes limited to larceny, theft, burglary, assault, murder, rape, and property crimes.

Total Institutions: A term coined by Goffman in the 1960s to describe places of complete confinement designed to provide a place to systematically remove certain members and control every aspect of their lives.

White Collar Crime: Crimes committed by mainly middle and upper-middle class members; they include embezzlement, insider trading, and fraud. These crimes are almost always limited to those who have access to them through their occupations.

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U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics. (n.d.a.). Retrieved from: http://www.ojp.usdoj.gov/bjs/reentry/recidivism.htm

U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics. (n.d.b.). Retrieved from: http://www.ojp.usdoj.gov/bjs/reentry/cp.htm

Wright, K. A., Pratt, T. C., Lowenkamp, C. T., & Latessa, E. J. (2012). The importance of ecological context for correctional rehabilitation programs: Understanding the micro- and macro-level dimensions of successful offender treatment. JQ: Justice Quarterly, 29, 775-798. Retrieved October 24, 2013 from EBSCO Online Database SocINDEX with Full Text. http://search.ebscohost.com/login.aspx?direct=true&db=sih&AN=82849409

Suggested Reading

Gibson, M. (2002). Born to crime: Cesare Lombroso and the origins of biological criminology. Westport, CT: Praeger.

Harcourt, B. (2007). Post-modern meditations on punishment: On the limits of reason and the virtues of randomization: A polemic and manifesto for the twenty-first century. Social Research, 74 , 307-346. Retrieved September 5, 2008 from EBSCO online database Academic Search Premier: http://search.ebscohost.com/login.aspx?direct=true&db=aph&AN=26378594&site=ehost-live

Livers, M., & Kehoe, C. J. (2012). Juvenile detention and corrections standards: Looking back and ahead. Corrections Today, 74, 80-38. Retrieved October 24, 2013 from EBSCO Online Database SocINDEX with Full Text. http://search.ebscohost.com/login.aspx?direct=true&db=sih&AN=80001355

Mead, Lawrence M. (2007). Toward a mandatory work policy for men. Future of Children 47( 2), p. 43-72. Retrieved August 29, 2008 from EBSCO online database SocINDEX with FullText: http://search.ebscohost.com/login.aspx?direct=true&db=sih&AN=26701361&site=ehost-live

Wetzel, J., Smeal, S., Bucklen, K., & McNaughton, S. (2012). Optimizing the role of community corrections centers in reentry. Corrections Today, 74, 56-59. Retrieved October 24, 2013 from EBSCO Online Database SocINDEX with Full Text. http://search.ebscohost.com/login.aspx?direct=true&db=sih&AN=80131987