The hands-off and hands-on doctrines are two distinct approaches to managing corrections facilities that have evolved over the years. The hands-off doctrine was popular in the early years of US corrections (Tuggey, 2020). It emphasized that the judiciary and legislatures should stay out of the day-to-day operations of prisons and let correctional administrators manage the facilities as they saw fit. On the other hand, the hands-on doctrine, known as the inmates’ rights era, was a reaction to the harsh conditions and abuse prevalent in many correctional facilities in the mid-twentieth century. Therefore, hands-off and hands-on are integral approaches in advancing correctional centers.
The Hands-Off Doctrine
The hands-off doctrine was based on the idea that prisoners were beyond reform and should be treated as evil. Correctional facilities were run with a military style of discipline where inmates were seen as the “enemy” and treated accordingly. For example, in Ruffin v. Commonwealth of Virginia (1871), the courts decided that inmates were slaves of the states and had no rights (Lecture Notes, n.d). This approach was characterized by a lack of communication between inmates and staff, a lack of privileges, and strict adherence to the rules with little to no flexibility. Inmates were seen as passive punishment recipients and expected to comply with the rules without question.
Moreover, the hands-off doctrine began when judges and lawmakers in the US believed that correctional administrators with experience in the field best-managed prisons. Based on this doctrine, courts and legislators were to refrain from interfering with the administration of prisons and instead leave it to the discretion of the correctional authorities (Tuggey, 2020). This resulted in the absence of oversight and accountability, which enabled correctional agents to operate in secrecy, making it difficult for outside organizations and watchdogs to monitor the treatment of inmates. This lack of oversight and accountability led to widespread abuse, mistreatment, and even death among inmates.
The Hands-On Doctrine
The hands-on doctrine, commonly known as the inmates’ rights era, emerged in the mid-twentieth century as a reaction to the harsh conditions and abused prevalent in many correctional facilities. This period was characterized by a focus on human rights and respect for the dignity of inmates (Tuggey, 2020). Its aims were to create an environment of mutual respect between inmates and staff and offer inmates greater autonomy and autonomy. Furthermore, this approach was also marked by increased resources for inmates, such as educational programs, recreational activities, and vocational training. The inmates were given greater access to legal resources and the opportunity to participate in the decision-making process in their correctional facility.
Under the hands-on doctrine, inmates were viewed as active agents in their rehabilitation, and correctional facilities aimed to provide inmates with the resources and opportunities to assist them in becoming productive members of society. This approach was based on the idea that inmates should be allowed to learn and grow, and it was believed that this would decrease recidivism rates. This era saw increased legal protections for inmates, including the right to access legal assistance and petition the government to redress grievances.
Conclusion
The hands-off doctrine and the hands-on doctrine have had an impact on the correctional system. The hands-off approach was seen as a necessary evil to maintain prison order. However, it was seen as ineffective in reducing recidivism and facilitating the rehabilitation of inmates. The hands-on approach was seen as a more efficient intervention in offering inmates the resources and opportunities to become productive members of society. Although this approach has successfully reduced recidivism rates, there is still a long way to go in providing inmates with the resources and opportunities they need to succeed.
References
Lecture Notes. (n.d). Chapter 11: The Legal World-Prisoners’ Rights.
Tuggey, K. R. (2020). Hands-on to hands-off: a study of a state agency’s preservation efforts [Unpublished doctoral dissertation]. The University of Texas at Austin.