Incarceration and Rehabilitation in 5 different countries

Since being conceptualized as a way to punish or penalize individuals, the prison/incarceration system has always been controversial. Throughout history and around the world, there have been many forms and iterations of incarceration or prison. The idea of prison is viewed as a way to punish criminals while also deterring people from acting in the same manner. Others view it as a way or form of rehabilitation. Not every country, its leaders, and its citizens agree on how criminals should be prosecuted and treated. Instead of incarceration designed to punish individuals, some countries prioritize rehabilitative incarceration/institutionalization.

Overall effectiveness of the prison system continues to be scrutinized. “A 2021 meta-analysis of 116 studies found, for example, that custodial sentences do not prevent reoffending—and can actually increase it”(1). This article intends to discuss prison and rehabilitation systems around the world while viewing its effectiveness and impact.

Formation of Prison

Concepts and ideas of incarceration/prison date back to ancient and medieval history. Over centuries, these ideas and systems in place have evolved the penal system. It was not until philanthropist and English prison reformer John Howard presented “observations on the conditions in English and Welsh prisons and jails in the 1770's”(2), that the prison system began to change. From then on, Prison Reform movements began to occur. The concept of prison reforment intends to improve conditions in prisons, improve the penal system, and find potential alternatives to prison.

The more modern prison systems we see used around the world date back to late 18th century London. Jeremy Bentham, notoriously known as the founder of Utilitarianism, is credited for influencing the change to the prison system. Bentham’s panopticon, which was a design for a modern prison layout, intended to solve multiple issues. The Panopticon’s interior design was constructed to allow for a greater, or at least heightened perception of surveillance being carried out in the prison. The interior design of the prison was much smaller, forcing prisoners to be tightly confined. This accomplished two things. Firstly, because there were so few guards compared to prisoners, the new prison layout was designed for a singular guard to be able to monitor a higher number of prisoners than before. Secondly, due to belief that a guard was watching at all times, prisoners began self-regulating themselves to avoid further punishment.

Despite his efforts, Bentham’s panopticon plan was never truly put into place by the English Government. His plan was used merely as reference for the construction of The National Penitentiary, (later and more notoriously known as the Millbank Prison). However, Bentham’s ideals and philosophies were later incorporated, as efforts were made to create criminal rehabilitation centers.

Prison and Punishment Ideology

Incarceration is confinement in a jail or prison likely set by the order of a judge or judicial system. Prison is designed to punish incarcerated people. Governments and their Penal systems which rationalize and prioritize punishment view it as a necessary deterrent, a form of retribution and incapacitation. All of which are theories of punishment. “The deterrence position maintains… if the offender is punished, not only the offender but also those who see his example are deterred from further offenses”(3). This belief of deterrence is rooted in the general and specific deterrence theories:

“The concept of specific deterrence proposes that individuals who commit crime(s) and are caught and punished will be deterred from future criminal activity. On the other hand, general deterrence suggests that the general population will be deterred from offending when they are aware of others being apprehended and punished” (4).

Belief in these theories seems to be misplaced, as research and studies suggest neither are capable of influencing individuals to not commit crimes and not continue to commit crimes once released. Incapacitation theory, (which is the belief that by incarcerating individuals, they will not be able to commit further crimes because of their removal from society), is also not believed to be effective. Retribution theory is a combination of all three theories, incapacitation, general deterrence and specific deterrence. The retribution theory is rooted in the belief that “when society is injured by crime, the offender is expected to pay a debt to society”(5). It is the only theory of the four that is viewed as potentially effective and morally just.

Rehabilitation

Aside from the punishment concept, rehabilitation is another concept/method that has utilization across the world. The actual concept of rehabilitation has uses in many different ways, from drug and alcoholic rehabilitation programs to prison rehabilitation programs. Rehabilitation through a prison system is designed to help individuals heal and grow; To separate themselves from internal/external and environmental factors that put them into prison. Efforts to rehabilitate prisoners include providing a sense of normalcy through similar living conditions as the outside world, work/jobs, education, etc.

Prison Rehabilitation at its core, works by finding and working through cultural, mental/physical, geographical, societal factors that resulted in an individual to commit crimes. “In the past 25 years [researchers] have generated a massive literature documenting the importance of child abuse, poverty, early exposure to substance abuse and other risk factors for criminal behavior”(6). Rehabilitation intends to introduce positive changes to incarcerated individuals. By reforming prisoners, should they be released, their reintegration into society will be easier.

United States

Each country views and handles crime differently. Some are harsher and some are more lenient. The United States prioritizes incarceration as a form of punishment. This is a result of a tough on crime belief. According to various statistical studies surveying country incarceration rates, the United States incarcerates 505 people for every 100,000. (As a way to avoid potential bias in numbers/data, a per capita rate of 100,000 is used.) Less than 8 years ago, the United States led the world in incarceration rates with 716 per 100k. Due to their belief in punishment, the United States enforces and affirms this belief in the hopes that it will deter individuals from committing crimes.

Systemic belief in punishment has placed extraordinary strain on enforcers of the law and the prison system. The current American prison system deals with an extraordinary amount of criticism. From living conditions, abuse, lack of control, isolation, etc., there are many gripes with the American Penal system. Before a shift towards punishment, the U.S once prioritized rehabilitation.“Until the mid-1970s, rehabilitation was a key part of U.S. prison policy. Prisoners were encouraged to develop occupational skills and to resolve psychological problems--such as substance abuse or aggression--that might interfere with their reintegration into society.”(7) With the United States facing issues related to crime and drugs in the 70’s and 80’s, a shift in philosophy towards punishment over rehabilitation occurred.

Research into the American penal system suggests that individuals are not being rehabilitated through punishment. Instead, the factors which contribute to their situation are ignored.“The American Psychological Association reports that “64 percent of jail inmates, 54 percent of state prisoners, and 45 percent of federal prisoners” have reported mental health concerns”.

China

Despite a population over 1 billion, (Estimated population of 1,425,671,352 as of 2023) the country of China only incarcerates 121 people per 100,000. The country holds the record for the largest number of prisoners as of 2023, with around 1,700,000, but based on the per capita rate, less than 1% of their entire population is in prison. As a country, China does not have a very high crime rate. Violent crimes are a rare occurrence in the country. In 2021, courts in China dealt with only 49,000 violent crime cases, leading to a violent crime rate of just 3.47 per 100k people.

The country’s effectiveness in suppressing crime is in part to a highly advanced, technological system. Broken into three different parts, the system incorporates facial recognition to help catch criminals, behavioral data that monitors and tracks criminal activity, and machine learning that predicts criminal intent and crimes. Another factor that serves as a deterrent to crime, especially violent crime, is the brutal, harsh punishments imposed upon criminals. China boasts the highest number of executions carried out year-round. Add to it a very harsh prison system, and the answers to the country’s effectiveness in stopping crime becomes clearer. The country believes in punishment and reformation through labor and education.

“Rehabilitation through education and labor is primary, and punishment is secondary. Reform through labor is designed to punish and reform offenders who have been sentenced to fixed-term [and] life imprisonment, or a suspended death penalty. Re-education through labor involves coercive education and reform for those who violate the law and discipline of the social order or commit minor crimes that are not punishable by the Criminal Law of the PRC” (8).

El Salvador

El Salvador, under president Nayib Bukele, has exponentially increased its rate of incarceration in just 4 years. As a way to combat crime, most notably murder and gang violence, President Bukele initiated a state of emergency in 2022. The country has seen 80,000+ people (9) be arrested since the implementation of the Gang Crackdown. El Salvador now incarcerates 650 people for every 100K; With a prison population over 100k, 1.6% of the entire country's population is now in prison. That number continues to rise as President Bukele has openly stated that the efforts made to arrest more criminals will not lead to rehabilitation for prisoners. Bukele instead believes the construction of a mega prison along with an increase in arrests will hopefully deter citizens from partaking in a life of crime.

President Bukele’s efforts and decisions to provide immediate safety and security to his country have not always been applauded and praised. Numerous human rights organizations have called for investigations into the practices carried out by Salvadoran police in arresting individuals in the country. In addition, the conditions prisoners are placed into have been questioned by human rights activists. Despite this, the Salvadoran people are overwhelmingly supporting these decisions and of President Bukele. (As of June 2024, President Bukele reportedly holds a 91.3% approval rating)

Norway

Worldwide, Norway’s prison system is considered the most human and most effective at deterring recidivism. Scandinavian countries, including Norway, have the lowest recidivism rates in the world at 20%. In comparison, the United States has a 70% recidivism rate. Effectiveness of Scandinavian countries in deterring and rehabilitating criminals can be credited to belief in rehabilitation over punishment. The country places incredible emphasis and efforts towards rehabilitation of prisoners. A 2019 study found that by placing priority on educating prisoners, Norway’s penal system was effective in helping prisoners to reintegrate themselves into society while also creating an effective crime prevention method. Reasons for this, as stated in various other studies, is a higher level of education reduces the likelihood of reincarceration. “The rehabilitative effect of education is meant to result in employment and thereby ensure a successful return to society.”(10)

A key factor into the success of Norway’s penal system in rehabilitation and reintegration of prisoners is normalization. “The goals are not to inflict further punishment but to provide an institutional environment as similar to free life as possible”. By reintroducing education into prisoner’s lives, Norway’s prison system is providing necessary help to a lacking part of their lives. For reference, the 2019 study (11), states Norwegian prisoners have less education than the average population. A 2016 study found that “the highest education level of half of the prisoners in Norway is primary education, compared to 26.9% of the average population”(12). Instead of harsh punishment and derailment of standard life, prisoners are educated and allowed to live similarly to the real world. This includes working, cooking, and physical training as well as various other opportunities. The result, as mentioned earlier, has created an incredibly low recidivism rate (20%) in the country, and ultimately keeps crime in the country down.

Germany

Similar to that of Scandinavian countries like Norway, Germany implements and prioritizes rehabilitation over punishment. As a result of the 1976 Prison Act, prisoners in Germany have a “constitutional right to rehabilitation”(13). This is due to the German Federal Constitutional Court entitling guaranteed rights to prisoners to “retain their human dignity”(14). In a similar fashion to that of Norway, Germany’s prison system creates a normalized environment. This is done to “counteract the harmful effects of imprisonment and to help the prisoner to reintegrate into life of freedom upon release”(15).

Priority placement of rehabilitation over punishment in the German prison system is done to reduce criminal behavior in prisoners. As a result, prisoners are more likely to effectively reintegrate back into society because of the changes to their personality, behavior, abilities and attitudes among other changes. “50 percent of (german) inmates are released within one year, two-thirds in two years and the majority of the remainder in four to five years”(16).

Cultural Significance

Punishment and Rehabilitation as theories prove to be very complex when utilized in prison systems.Countries such as Norway see great success in prison rehabilitation because of a focus on placing prisoners in smaller, community-based correctional facilities. This allows the country to better help incarcerated individuals and provide them an opportunity to reintegrate themselves back into society. As stated earlier, Norway is not the only country that utilizes rehabilitation effectively. All 6 Scandinavian countries prioritize rehabilitation as well, to similar success and effectiveness. Germany as well utilizes rehabilitation over punishment. Each country's effectiveness at rehabilitating prisoners ultimately relies on population, culture, and the act of carrying out this process.

Countries that carry out punishment through the penal system, such as China and El Salvador see success in this method as well. Their effectiveness is complimented by systems designed to catch criminals and deter them from committing crimes.

Throughout the article, information pertaining to the theories of punishment have not all been deemed viable options to deter criminals. However, when a country makes the effort to target crime and criminals and punish them severely, the penal system becomes a deterrent. The United States, through the belief in a tough on crime stance, uses a punishment system in their prisons. Methods and execution of this system are, however, proving to be ineffective in stopping crime and rehabilitating prisoners through punishment. The result is continuous crime and repeat offenders. America’s penal system, in short, which is designed to deter citizens from committing crimes, is not fulfilling that goal. True effectiveness of rehabilitation can only occur when an entire country and its people accept this belief. It is why the usage of punishment is preferred, because it avoids extra time, money, and resources towards prisoners.

Works Cited (Listed in corrected order)

Petrich, D. M., Pratt, T. C., Johnson, C. L., & Cullen, F. T. (Abstract), 2021, September 22. Custodial Sanctions and Reoffending: A Meta-Analytic Review. Perma.cc. https://perma.cc/4ATJ-KY7Y
Howard, J. State of the Prisons in England and Wales. NCJRS Virtual Library. https://www.ojp.gov/ncjrs/virtual-library/abstracts/state-prisons-england-and-wales
FB, R. (Abstract.). Reasons We Punish. Office of Justice Programs. https://www.ojp.gov/ncjrs/virtual-library/abstracts/reasons-we-punish
Tomlinson, K. D. (2016). An Examination of Deterrence Theory: Where Do We Stand? . Federal Probation Journal, 80(3), 33–33.
FB, R. (Abstract.). Reasons We Punish. Office of Justice Programs. https://www.ojp.gov/ncjrs/virtual-library/abstracts/reasons-we-punish
Benson, E. (2003). Rehabilitate or punish? Monitor on Psychology, 34(7), Page 46. https://www.apa.org/monitor/julaug03/rehab
Ibid
ZHOU, J. (1991). (Abstract) The Chinese Correctional System and its development. International Journal of Comparative and Applied Criminal Justice, 15(1–2), 15–32. https://doi.org/10.1080/01924036.1991.9688952
Graham, T. (2024, July 16). Thousands of children swept up in El Salvador mass arrests, rights body says. The Guardian. https://www.theguardian.com/global-development/article/2024/jul/16/el-salvador-children-detentions-human-rights-watch
Tønseth, C., Bergsland, R., & Hui, S. K. (2019). Prison education in Norway – the importance for work and life after release. Cogent Education, 6(1). https://doi.org/10.1080/2331186x.2019.1628408
Ibid
Eikeland, O. J., Manger, T., & Asbjørnsen, A. E. (2016). Norske innsette: Utdanning, arbeid, ønske og planar. [Norwegian prisoners, work, wishes and plans]. Bergen: Fylkesmannen i Hordaland.
Osment, L. (2018, July 14). The Complexity of Rehabilitation in Open and Closed Prison Setting (thesis). Lund University Publications. Lund University. (Abstract) https://lup.lub.lu.se/luur/download?func=downloadFile&recordOId=8948730&fileOId=8948738.
Ibid
Ibid Page. 11
York, G. (2020, September 28). What can US corrections learn from the German prison system?. Corrections1. https://www.corrections1.com/correctional-healthcare/articles/what-can-us-corrections-learn-from-the-german-prison-system-Hgvc02nL77KqAjhG/

(Extra links are pages used for extra information and researching)