The increasing knowledge base in such areas as psychology, sociology, and medical science, as well as the continuing regard for human life, continue to play a role in how society’s criminals are treated. While society once tortured and murdered its criminals in many cases, prisoners are now being treated more fairly than ever. Punishment is now designed to rehabilitate and solve problems, rather than simply attempt to eradicate them.
Human rights movements, legislation, psychoanalysis, and hundreds of empirical scientific studies are among the factors that have led to the current humane treatment of prisoners today. Michael Foucault’s Discipline and Punish: The Birth of the Prison is one example of the modernized perspective in this area. Research findings continue to show new promising ways in which criminals can be rehabilitated, and through this newfound understanding of criminal behavior law enforcement can actively seek effective solutions while reforming convicted criminals.
The following describes the best ways to punish “better” rather than “less,” while describing how these theories apply in a more general sense (Foucault p.82). Through this, we gain a deeper understanding of why humanization has been a common theme while there is some hope in “better” punishing criminals, while the implementation of the modern theories in criminal justice and psychology seek a better solution.
Foucault implies that general individuality may be integrated into modern processes while are egalitarian by definition, however using components that do not fit this definition while he explains “Historically, the process by which the bourgeoisie became in the eighteenth century the politically dominant class was masked by the establishment of an explicit, coded and formally egalitarian juridical framework, made possible by the organization of a parliamentary, representative regime. But the development and generalization of disciplinary mechanisms constituted the other, dark side of these processes. The general juridical form that guaranteed a system of rights that were egalitarian in principle was supported by these tiny, everyday, physical mechanisms, by all those systems of micro-power that are essentially non-egalitarian and asymmetrical that we call the disciplines. (Foucault p.222)
In this, we see the complexity of not only discovering the most effective practices but in implementing them as well. Foucault takes care to consider the areas of sociology and criminology in his book.
All social theories can use cognitive restructuring to reform criminal behavior. Cognitive restructuring is the process of eliminating counter-productive thoughts and replacing them with productive ones. This is now one of the most popular ways of attempting to change prisoners into productive citizens, while it is thought that all prisoners were once such people (i.e., there is no genetic basis for criminal behavior despite many attempts to locate such genes.) Criminal behavior can thus be reformed by using these methods, while they can be applied to any social theory. Social disorganization theory, strain theory, and subculture theory are just some of the theories that can benefit from cognitive restructuring in reforming criminal behavior.
Some theories suggest certain environments actively produce criminals, which further caters to empathy towards reformation. Social disorganization theory suggests that neighborhoods filled with poverty while generally economically deprived tend to have a higher percentage of criminal citizens. As such, social structures have a more difficult time developing, which then makes it difficult to maintain social order. Cognitive restructuring could be applied to this theory on a larger scale by implementing programs to combat the dissolution of social structure.
Neighborhood watch and similar programs are an example of this, and this combined with people not letting their lives be run by the fear of crime would have a positive effect on the social structure of poverty-stricken communities. This in turn would affect the criminal mentality, restructuring it as well. While in this case, it would be the non-criminals that would initially require the implementation of cognitive restructuring. In any case, this would aid in reforming criminal behavior and crime.
Some theory on discipline and punishment blames the way the economy and culture deceive the average individual while taunting the less fortunate. Meanwhile, Foucault says the prison system is creating “disciplinary careers” (Foucault p. 300). We can analyze his discussion of sociology in an attempt to seek answers. Strain theory implies that mainstream culture is filled with freedom, dreams, and prosperity.
The theory assumes the majority of people believe these presumptions regarding life while it serves as a powerful motivator. Strain theory says that in reality there is a difference between the opportunity and demand as expressed in the general mentalities of society and the opportunities which can be achieved. Some of the people who fall short in actual achievement may resent the initial promise and turn to illegitimate means of realizing their dreams. Still, other people will become discouraged and lower themselves into substance abuse. Cognitive restructuring could be used here in two ways.
First, it could be applied in key points where misconceptions are believed to occur, to both the speakers and listeners. This way it could be stopped at the source while people will never have faulty thought patterns, even for motivation. The other way it could be applied is to the criminals who seem to have turned to crime from the conditions described in this theory. The criminals could be reconditioned to not be bitter towards their missed dreams, perhaps by first teaching them that they were not intentionally deceived (when this is the case.)
In the same fashion as strain theory, subcultural theory suggests crime becomes the social norm in some areas. Philosophically, it is difficult to punish crime when society conditions are so rough where crime becomes nearly commonplace. As such, again, rehabilitation is stressed rather than general punishment. This is the most easily influenced area, as criminals believed to have fallen under an illusion this way can be taught that crime is not normal nor tolerated in society.
As a method of reformation and humanization of punishment, all modern theories of discipline and punishment can use cognitive restructuring in some way. The fact that crime exists because of mentalities that are not “set in stone” implies that cognitive restructuring can be of some benefit.
Social disorganization theory has been attempted to be explained by many analysts. Analysts have adopted the concept to explain increases in criminal activity which accompanied a change within lower-class societies where the influences surrounding someone are steady and harmonious when compared to Western society. Commonly experts consider Western society to be inconsistent, full of conflict, and generally disorganized.
Experts also see that the economic competition, mobility, and ideology of individualism that accompanies capitalism and industrial development have been responsible for the decay of large families and harmonious neighborhoods being agents of social control. The failure of extended groups has thus extended the realms of relationships no longer under the control of the community while undermining the controls in place by the government. As a result, communities have been lead towards circumstances were persistent and systematic crimes and delinquency.
Operant conditioning is the use of consequence in an attempt to change the form and occurrence of a behavior. Operant conditioning is different from respondent conditioning as operant conditioning is concerned with changes involuntary behavior.
Impulsive, reflexive, or instinctive behaviors are exhibited in what is collectively referred to as “fixed action patterns.” These behaviors are thought to exist outside of the parameters of operant conditioning but are considered critical to a comprehensive analysis of behavior.
Fixed action patterns have their origin in DNA. An example of fixed action patterns in animals is ducklings following a moving object within a given period, or the dancing of a queen bee. Fixed action patterns have been related to crime through genetics and sociology. The traits of fixed action patterns are typically performed with accuracy on the first attempt. Operant conditioning uses fixed action patterns as reinforcers for behaviors that are learned, thus being an effective discipline that is humane.
Currently, Foucault says the prison system is operating in such a destructive way that it “cannot fail to produce delinquents” (Foucault p. 266). Modern psychological and sociological theories are but some of the explanations which gave rise to the humanization of criminal treatment. Reformation is now commonly thought to be possible, and these “better” forms of punishment continue to be the topic of continued research. With continued consideration and implementation, Foucault provides the means for a better system that solves problems rather than catering to them.