The Philosophy of Incarceration

What is the philosophy behind incarceration? Why do prisons exist? Why do we view incarceration as a form of justice?

Punishment

According to Joycelyn M. Pollock in The Philosophy and History of Prisons, in order to understand incarceration we first have to understand punishment. Punishment, defined by Pollock in the context of state-sanctioned criminal justice, is "a pain or unpleasant experience inflicted upon an individual in response to a violation of a rule or law by a person or persons who have lawful authority to do so" (3). There are two types of punishment: retributive, or an "eye for an eye" mentality, which holds that "because of natural law and the social contract, society has the right to punish, and the criminal has the right to be punished" (5). Retributive justice often feels intuitive - someone did a bad thing, so a bad thing should be done to them - and it has a long history in human civilization. However, it is not necessarily logical.

The utilitarian rationale, on the other hand, "defines punishment as essentially evil, and seeks to justify it by the greater benefits that result" (5). From this viewpoint, there is no inherent justice in retribution. Rather, punishment is only justified when it deters, incapacitates, or rehabilitates perpetrators of crimes.

The History of Incarceration

Prisons only came to be used as a punishment in and of themselves in the Middle Ages. Until then, prisons had existed, but only as holding pens for the accused while they waited for their trial or for their official punishment: corporal punishment, fines, property dispossession, execution, or enslavement. Incarceration in the modern sense, then, is a relatively recent development.

Modern Views on Incarceration

The conservative view of prisons is that they are tools of deterrence and incapacitation. The threat of imprisonment is believed to deter potential criminals, while any actual criminals are be incapacitated from committing any more crimes because they are locked up. The liberal view of prisons holds that prisons ought to be tools of rehabilitation. There is no benefit, according to liberals, to removing people from their communities with no plan to rehabilitate and reintegrate them. The radical view of prisons, Pollock writes, holds that prisons should be abolished all together because their true purpose is "to capture and exploit the labor pool" and "to hold a portion of the labor class inactive to keep down labor costs" (12).

Historically, the U.S. has taken the conservative view of incarceration. The flaws in this philosophy, however, are apparent: high recidivism rates show that prisons are not an effective deterrent, and the amount of organized criminal activity that occurs in prisons proves that they don't even necessarily incapacitate criminals.

Restorative Justice 

The newest and most effective philosophy in criminal justice, known as "restorative justice," acknowledges the radical view that prisons are detrimental to society because they injure both the individual and the community. The philosophy of restorative justice holds that the justice system's goal is "not to inflict punishment on the offender, but rather, to restore all parties to a prior state of 'wholeness'" (15). This is, ultimately, the most moral solution to criminal justice. It acknowledges both the harm that was caused by a convicted criminal and the extenuating circumstances that led to a crime being committed in the first place.

Incarceration in Memphis

The incarceration rate for African Americans in Shelby County has doubled since 1970. This has led to a correlating increase in the unemployment rate of black men. By ripping people from their homes, incarceration deprives their families and communities of much-needed economic and emotional support. This has a noticeable impact on poverty and social stability in Memphis.

The Tennessee Department of Correction describes the 2016 recidivism rate of 47.1% as a "promising decrease" compared to the 2010 rate of 50.5%.

This is shameful.

Our criminal justice system is not just. It is not rehabilitating convicts: it is ensuring that they remain incarcerated for the rest of their lives, a source of capital and labor for an ever-growing exploitative prison-industrial complex. If our nation is to heal - if our communities are to flourish - we must reject the primitive satisfaction and draconian policies of retribution in favor of positive, restorative justice.





Sources:

Joycelyn M. Pollock, The Philosophy and History of Prisons, Chapter One. http://www.jblearning.com/samples/0763729043/Chapter_01.pdf

https://www.citylab.com/equity/2018/04/in-memphis-has-the-arc-of-equity-bent-towards-justice/557210/

https://www.tn.gov/correction/news/2017/4/20/tdoc-tennessee-recidivism-rate-shows-promising-decrease.html