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108TH INTERNATIONAL SEMINAR VISITING EXPERTS’ PAPERS

SOME OLD AND SOME NEW EXPERIENCES: CRIMINAL AND IN FINLAND

Matti Laine*

I. THE NORDIC MODEL? officials hold traditional seminars First I would like to start from the • Unions of prison officers have good co- question: “Is there a Nordic (Scandinavian) operation and regular meetings model in the field of : the • Researchers of prison matters meet on case of Finland?” Sometimes we joke in a regular basis Finland about the question of Nordic co- • There is a Nordic exhange programme operation. We say that Nordic co-operation for prison and probation officers means that Sweden makes all the mistakes first and after five years, Finland follows. Much of this co-operation is taking place A joke is a joke, but often things have gone annually, sometimes with even more in that order in the prison service. There frequency. This is however, just the formal are, of course, certain reasons for that. Let framework of this co-operation, a lot of us not forget that the judicial system of meetings are informal; we just go and talk. Finland remained basically Swedish Personal contacts and relationships are during the time when Finland was part of very important. the Grand Duchy of the Russian Empire. But Finland has not always been very But “Nordic” or “Scandinavian” does not “Nordic” concerning criminal and penal mean similar concrete solutions to all policy. For decades we were seen as deviant problems. Rather it means a similar way or the “black sheep” by other Nordic of thinking. This commonly shared way of countries. Our criminal justice system was thinking does not come from emptyness; it very punitive, repressive and hard must be regenerated all the time. We can compared to other Nordic countries. This say that in criminal policy there are a lot period lasted neary 70 years, from the end of possibilities for this regeneration, of last century to the early 1960’s of this including the following: century. Why was that? • Criminologists have regular meetings and a permanent council for co- Researchers of this question have operation provided several answers. First we can say • Experts in criminal law have Nordic that Finland was an agrarian society for meetings much longer than our western neighbours. • Experts in criminal policy have There is evidence that propety are meetings seen more seriously in agrarian societies • Experts in criminal statistics gather at than in modern, urbanized communities. seminars Finland reformed the Penal Code in 1894 • General Directors of Prison and this new Code saw theft as a Administration meet annually which must be punished severely,with • Prison governors and other leading used more. This move was * Principal Lecturer, The Prison Personnel Training soon seen in the prison figures. In the year Centre, Finland. 1893, 155 persons were put into prison

271 RESOURCE MATERIAL SERIES No. 54 because of theft, and after two years the in Denmark and Sweden. This figure was 720. The crimes of theft had not development has nothing (or very little) to increased, but the penal policy had do with the crime rates. The level of changed. imprisonment used is the political choice of a society, not determined by necessity. One explanation is our civil war in 1918 and its tragic aftermath. It created a very There are some other, often very bitter atmosphere and division in the symbolic, images of this repressive model society. In these circumstances, liberal and in Finland. Prison rules were detailed and “soft” criminal policy was not seen possible, prisoners rights were very limited. I am not as there was now a possible threat from a very old man but I can remember inside. This situation continued after the newspapers pictures of prisoners second world war, but now the threat carrying heavy hand and foot chains when experienced was coming from outside. standing in front of court. These chains Societial demands and legislation stayed were used in the late 1960’s. In 1969, the very punitive until the late 1960’s. secretary of the so called “November Movement”, Reino Lehtiniemi, took these We must remember that development chains (nealy 20 kilos) to the United was not linear and one-sided all the time. Nations Human Rights Commission in After the civil war of 1918, pardons were Geneva, put them on the table and said: used and a parole system was introduced “These are still used in Finland”. in normal criminal cases. Several reforms in the prison service took place after the An other example was the excessive use war in the mid 1940’s. That was no of preventive . Hundreds of men, surprise; as some ministers and other high most of them petty property offenders, were state officials had experienced imprisonment kept in so called “coercive institutions” during the war. (that meant under indeterminate sentence). Some years ago there was a In the beginning of the 1950’s, we had programme on Finnish TV about a man, a “a cold spell in spring”, as the penal policy thief, who had spent 26 years in prison, became more repressive. Different coercive mostly in “coercive institutions”. He had measures were used to cope with “the crime stolen bicycles and other things. problem”. was seen as a special problem (although juvenile Nowadays this preventive detention is violence was at the lowest level ever in used only for dangerous violent recidivists Finnish history, before and after). Moral who (in practice) do not have normal panic was created. possibilities for parole. At April 16th, 1998 there were 17 persons who have been The defining image of our repressive detained by the Prison Court to the system of criminal justice was the amount “coercive institution”. The amount of of prisoners. After the second world war we “dangerous recidivists” has come down had nearly 10 000 inmates daily and still, from nealy 500 to 17. in the mid 1960’s, nearly 8000. As of April 16th, 1998 there were 2955 prisoners in Strong criticism and discussion of the Finland, which is 150 less than for the criminal justice system started in the same time last year. Our average daily 1960’s in Finland. We had the “November prison population is reducing and we have Movement” which lobbied for different reached and gone under the level of kinds of marginalized people. We had the

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Prisoners Union ‘KRIM’ and critical prevention of unacceptable behaviour only discussion against the coercive treatment to the extent that proves necessary in a ideology (and treatment ideology in cost-benefit comparison of criminal policy general). The neoclassical winds were measures. This criterion can also be used blowing in criminal justice and a big part in the prison service when considering of this criticism was directed towards various proposals. We can for example, prison conditions and administration. make the prison like a bottle, where no- Reform of the prison legislation was made one or nothing comes in or goes out. If the in the middle of 1970’s. Slowly but steadily various social costs of this policy are higher changes started to happen. Former critics than the benefits, it may not be very wise and radicals got remarkable positions in to do so. the state administration and universities. However the criminal justice system If we simplify the picture a little bit, cannot be evaluated only on utilitarian Finland, the Prodigal Son, returned to the grounds. Criteriums of justice and warm home of the Nordic family. The humanness must be taken into Nordic model has sometimes been called consideration. The harmful effects of crime “Nordic Minimalism”. What are the basic and crime control must be distributed features of this model? If I have understood justly between offender, victim and society. it correctly, the idea is to make the criminal The principles of equality, fairness and justice system as small as possible. Penal predictability are basic elements of the policy, and especially prison sentence, is the criminal justice systems. Thus when last way to tackle crime, the last resort. imposing criminal justice measures we are not always the best way must safeguard due process and also basic to prevent criminality (although sometimes human rights principles. necessary). As somebody has put it: if in a certain area there is a problem of In Finland, as in all of the Nordic dangerous alligators, we can of course try countries, the prevailing view is that to shoot them all, but it is sometimes wiser punishments primarily have, and should just to drain the swamp. have, a general preventive effect. One component of prevention is general There is also one very important idea in , which is related, inter alia, to that thinking: crime cannot be prevented the certainty and severity of . by any means. I think that is why we do Nordic criminal policy emphasizes not usually speak about the “war against certainty, but not severity. crime” in Nordic countries. In a war, usually all kinds of fighting methods are General prevention, however, also used. However there are, and must be, involves the maintenance of standards of values that are above the task to prevent morality through the public disapproval crime, for example human rights that the punishment directs at the principles. Professor Raimo Lahti criminalized behaviour. Individual (University of Helsinki) has demanded prevention is not considered the primary (1990) that the penal system be both goal of punishment. The coercive treatment rational as to its goals (utility) and rational of offenders was found to be based on as to its values (justice, humanness). flawed arguments and raised problems with due process and the control of The utility criterion means that criminal discretion. justice measures shall be used for the

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This insight does not preclude the that the norm is to place a person in an direction of rehabilitation efforts towards, open prison, i.e. a prison without walls and for example, prisoners serving their bars. Approximately two-thirds of Danish sentence; as long as rehabilitative state are open prisons. considerations are not allowed to determine the decision on whether or not B. Openness to place someone in prison, or how long to This principle is surely a kind of keep him or her in that prison. paradox. The task of the prison is to close people inside, away from normal life. At the II. MODERN CORRECTIONAL same time, we try to keep the prison as PHILOSOPHY open as possible. Openness means many kinds of things: open prisons; good The Scandinavian or Nordic model has possibility for visits; uncontrolled conjugal also meant many practical changes in visits; basically no limitation or censorship everyday prison service and in correspondence; possibility to study and administration. The basic approach is to work outside prison (so called ‘night keep the prison system as small as possible, prison’); and prison leave. with prison seen as the ‘last resort’ in crime prevention. Especially when it comes to We have good evidence from the western juvenile delinquency, prison sentences have sociology of prison and prison communities been seen as very harmful and we have that the more closed the prison is, the more tried to avoid using them as far as possible. unsafe it is inside. “Hard against hard”, as it is called, is the atmosphere often created. Mr. William Rentzmann, who is the The deprivation of safety is a crucial Deputy Director General of the Danish problem in western prisons, and also in Department of Prisons and Probation has Finland at the moment. In smaller, open very neatly presented the three prisons the atmosphere and relations cornerstones of modern correctional between staff and inmates are different, philosophy in Nordic countries. They are although the inmates may be the same as normalization, openness and responsibility. in other prisons. A. Normalization C. Responsibility The idea of Finnish prison legislation is For the last two hundreds years, the that prison sentence means only the basic problem of most western prisons has deprivation of liberty and no more (in been that the main thing they teach practice, of course it always means many inmates is how to live in prisons, how to other things). So at least the idea is that survive. These skills are not always the such things as coldness, darkness, hunger best for living life in free world. or restricted diet, prohibition of cigarettes, books, magazines, loss of civil rights etc. We know that this is often a typical are not necessary elements of feature of ‘total institutions’. When I was imprisonment. Everybody who has visited in the military service, we were often the Central Prison of Helsinki can say that discussing what is the basic skill you learn the inmates are not surely living a “normal in the army. Very often the answer was: life without liberty”, but at least how the avoid your responsibilities, how to normalization is the direction where we live lazy life. want to go. Mr. Rentzmann says that in When everything is done for you, when Denmark, normalization means first of all a special person opens the door in front of

274 108TH INTERNATIONAL SEMINAR VISITING EXPERTS’ PAPERS and behind you, that does not strenghten those who are giving ‘positive’ services your sense of responsibility. Western (personal help, listening, social services). I prisons can be like large hotels in a am not sure if this can be wholly avoided, negative sense, and the effects can be seen. but at least the canyon between these When I was working about ten years ago groups must not be so wide. That is why in the special after-care unit of paroled the Japanese experience is so interesting former prisoners, it happened very often from our point of view. I have read that in that a newly released man couldn’t shut Japan not only psychologists and the doors behind him. instructors, but also uniform personnel with rank, are involved in treatment for Mr. Rentzmann sees it as possible and rehabilitating convicted inmates. positive that prisoners buy and cook their Correctional treatment officials take on own food, wash and repair their own double duties. clothes and take responsibility for their own treatment. We must not forget that So we in Finland have once again started professional help can very often deepen the to follow other Nordic partners and set a process of institutionalization or task to broaden the scale of duties of basic prisonization. prison officers. Let us not forget that they have one benefit: they often know the One of the main ideas of the prison inmate best. A famous American legislation reform in Finland in the middle criminologists, Donald R. Cressey put of 1970’s was that a prison sentence is always forward this demand in 1958: harmful for the offender. Because of its total and punitive character, it cannot rehabilitate “What is needed is a correctional inmates and usually makes their situation technique which is explicitly based on worse. That does not, however, mean that a theory of behaviour and of the harmful effects are always the same. criminality and which can be It is possible to influence these and so the routinely administered by a rather task was given to minimize the harmful unskilled worker in the framework of effects of imprisonment. Nobody believed the eight-hour shift”. anymore in the coercive treatment ideology, and so the main task was to shorten the We can draw some conclusions from the length of prison sentences. experience of reform of the Finnish criminal justice system: Social services and participatory activities are necessary in the process to • Nordic minimalism has worked rather minimize the harmful effects of a prison well in our circumstances. Defending sentence, but we must not expect too much or protecting criminal policy seems to of them; they cannot abolish criminality be a better way than attacking criminal from the society. policy (“war against crime”).

Specialized professional skills are • The sanction system must be necessary, but one mistake was made when predictable, not too complicated. psychologists, social workers etc. came to Finnish prisons. We divided the personnel • If the prison sentence is the most severe into two categories: into those who are punishment, it is not wise to use it always giving ‘negative’ services (guarding, extensively in petty offenses. There are control, disciplinary measures) and into alternatives: fines, suspended

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sentences, community sanctions. Inmate labour has also been in the very centre of the Finnish prison service in this • Often a short prison sentence (together century. We had in our legislation the with the criminal justice procedure) prisoners’ work obligation which was more fullfills the need for general prevention. extensive than in other western European countries. Before the second world war, we III. THE ROLE OF IMATE LABOUR concentrated on farming and the IN FINNISH CORRECTIONS reclaiming of swamp areas in the central countryside prisons. After the war, we Work has always been the heart of the invented a new type of institution, the open prison. It is included in the definition of labour colony. In the 1970’s a rather heavy the modern prison system as a correctional programme of building industrial method that will cure the criminal person. workshops and halls started. In the beginning the function of inmate labour was not to harden the sentence, but As we know, the prison system is like a to make it more lenient. big ship that turns very slowly, and the changes in inmate labour have not adapted The predecessors of the modern western well to the development of society in prison were the so called workhouses, general. When rapid industrialization was which started in the sixteenth century, first going on in Finland, our prisoners were in England and in Holland. They gathered keeping cattle or reclaiming swamps. When vagrants, criminals and other deviant we saw the first traces of the fall of the so persons to teach them how to work. In called ‘chimney industry’, we built more Amsterdam there was one workhouse in the room for metalwork and carpentry sixteenth century where they used to place industries. Now, living in middle of the a wicked inmate in a cell into where water service trade and information society, we was flowing uninterruptedly. In the cell are thinking of what to do. The obligation there was a pump that had to be pumped of work was replaced in 1995 by a more all the time if the inmate wanted to avoid comprehensive obligation to participate in drowning. various activities arranged in the institutions. Always when I relate this piece of history, the listeners are laughing and Most often, when talking about Finnish saying or thinking: “were it they uncivilized inmate labour, we mention the open labour at that time!”, but let us look a ourselves colonies, which were established in the in the mirror today. Do we still believe in 1940’s after the war. It has been said that the idea that when a man is doing these kinds of institutions are a specific something mechanically, this action will Finnish invention. This view may be transform him or her from an evil person challenged by prison historians, but to a good one? That lazyness and idleness nevertheless this tradition is interesting will make him or her worse? The positivist and important. thinking - to find a proper and simple method to change and resocialize man - is Sometimes the open labour colonies have very deep in our tradition. Because man is been seen as a new kind of correctional tool un-fortunately not so simple a creature, we in the rehabilitation of the inmates. must look into that mirror every day when However the background of these developing our prison services and institutions was not so much correctional, treatment methods for offenders. as economic. At the end of the 1940’s we

276 108TH INTERNATIONAL SEMINAR VISITING EXPERTS’ PAPERS had nearly 10,000 prisoners daily in labour colonies were cheaper, more open prisons. Overcrowding was a big problem and maybe more humane and more and a large portion of the prisoners were producitive. skillfull workers. The open labour colonies were seen as a solution to make use of this We are now facing inevitable changes. part of the prison population more During the last 25 years we have more than efficiently than was possible in closed halved our prison population. Many institutions. workshops and industrial halls are nearly empty of prisoners. The inmates who are This type of institution differed from the coming in are, in many cases, dropouts traditional prisons in many ways: from basic school. They don’t have any vocational training or experience. Even the • The typical features of the prison milieu traditional Finnish workman’s ethic may were abandoned: closed complex of be vanishing. With this labour force the buildings, walls, bars and steeldoors. prison industry cannot be very productive. Are there any lessons to learn from the • Traditional guards and guarding were experiences of the Finnish inmate labour? abandoned. I’ll try to make some generalizations. They are of course my own points of view and • Detailed regulations for inmates’ not official statements from our prison everyday life were abandoned. administration. I will present these in four principles. • Prison clothing was abandoned. A. The Principle of Meaning. • The institution was in many ways more Work can be important, especially open than the closed prison because meaningful action has an important role in personal development. I and the most important difference: have worked for several years in the aftercare and employment of released • The inmates performed ordinary work prisoners and from that experience, I can for the same wages available in the say that even rather routine paid work can open labour market. That means today have an emancipatory role in a person’s life. for example, that the in an open institution or labour colony earns The work carried out can however also ten times as much as a prisoner in a be without any meaning: it can be pure closed prison. forced labour. We must ask if some very traditional and mechanic industrial work What were the benefits of open labour or maintenance duties in prisons have any colonies? There was research into this meaning, or to whom they have this question in the late 1960’s (Paavo meaning. Uusitalo). It was shown that there was no significant difference in recividism between Although prisoners’ skills and similar groups in open colonies as in closed motivation for work are nowadays often prisons. So the labour colony was not a very low, that doesn’t mean that paid work more rehabilitative option. It also seemed does not have any meaning to them. Paid that the open colonies had the same work and occupational development are so deterrent effect than closed institutions (if fundamental in the construction of our there is a such effect in general). So the society that they cannot be replaced very

277 RESOURCE MATERIAL SERIES No. 54 quickly. Work is work and a hobby is hobby. employment most. Probably we (the so called ‘middle class’) are the persons who B. The Principle of Normality can more easily start to live in “creative This is the lesson that comes from the idleness” than a former prisoner with open labour colonies and other open various social and mental problems. institutions. We can get much closer to normal life in prisons than we usually So I still believe in the idea of think. We must take the principle of employment in the after-care of a released normality very seriously, not just as usual prisoner. Thus the activities organized rhetoric. Normality in work life means during the prison sentence must have a role normal work conditions, normal and connection to this after-care. We know leadership, normal products and services that the prison is a social institution which and before all, normal wages. It also means usually teaches strategies of survival that normal vocational training. Normality in are unusable in the society outside the worklife means today for example, prison walls. But it is not impossible to computers, teamwork and so on. Can it be learn useful skills and experiences inside reality in prisons too? the prison. Let us think all the time what kind of skills obligatory work teaches to C. The Principle of Flexbility those persons who are forced to do it. When society is changing very rapidly and unpredicably we shoud not create Finally, as a sociologist, I must remind systems that will last the next 100 years. you all of one fact. Paid work is much more There can be a wide range of activities that essential to the maintaining of social order are offered to the inmates. I think that in society than all the efforts we are making traditional work can and must have a in the whole criminal justice system. rather strong role in the future. The system of organizing the work must also be much IV. A NEW WAY OF more flexible. Education and work can THINKNG:CRIME-BASED occur alternately. The labour activities PROGRAMS must be founded on the development of In 1960’s and 1970’s there was society, not from the history of corrections. widespread thinking both in the prison and probation service in the Nordic and D. The Principle of Connection to Western Europe:the social circumstances the Society. of the offender were in the center when As you might know there have been creating efforts to rehabilitate him or her. some western sociologists who see the end That usually meant that jobs, housing and of the labour society (Gorz, Illich). I am not social relations were the most important, going to challenge their arguments. At the and sometimes the only things, to work same time I am saying that it may not be with in rehabilitation. very wise to draw direct conclusions of their analysis to the employment of released There was an active movement against prisoners. the coercive methods of treatment. This line of solution was not always wrong, but Although we are probably heading the bettering of social circumstances did towards a society of mass unemployment, not solve the problems of very many I don’t think it is good to start this “freeing offenders (some of them it did however). from paid work” with former prisoners. He or she can be the person who needs

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Sometimes it was even said it was not institutions are usually not very well necessary to talk about the crime offence prepared to teach these kinds of skills to at all. The offender has served his or her the offenders. The program focuses sentence, we can forget the crime. This particularly on six areas of deficit which concept of human mind was too simplistic, are the following: and it was soon found that ware modes of behaviour that were compulsive in nature, • Self control and they were not prevented by developing • Cognitive style only social services. • Interpersonal problem-solving • Social pespective taking At the moment, the idea is to develop • Values offence and behaviour based programs, not • Critical Reasoning for all offenders, but for those who have serious problems. One example The program is implemented by the of this kind of approach is The Cognitive basic prison officers who have been trained Skills Training Program (The Reasoning by the Canadian experts. The program was and Rehabilitation) which has been bought designed to be completed in thirty-five from the Canadian company (T3 sessions of two hours duration over Associates, Fabiano & Porporino) by approximately 8 to 12 weeks. several Nordic Prison and Probation services. This program started in autumn Another example is to create programs 1997 in six Finnish prisons and in two for sex offenders. A special committee in regional offices of the Probation and After- Finland made a proposition to start this Care Association. kind of special program (a British model) in one Finnish prison. The need for this is According to the Canadian instructors rather limited because we have only about (Elisabeth A. Fabiano & Frank J. 50 sex offenders in our prison population. Porporino) the basic idea in the program is not to treat, reform or cure the criminals, Finland has the highest rate of violent but to teach them. The offenders need to crime, especially homicide, in Western be taught the basic cognitive demands Europe. So what is needed, is some special which, according the lecture of the program for violent offenders. We have a instructors, are as follows: lot of co-operation between different authorities to prevent suicides in Finland, • TO REFLECT (the offenders usually but now we must find some ways to prevent just react to the situation and then violence and homicides in our coutry. forget the whole thing). A. What is the Result of • TO ANTICIPATE (the offenders do not Rehabilitation? anticipate a situation, usually they When you look at the comparetive react harshly to the resultant research made of the possible results of circumstances. different kinds of rehabilitative programs, usually the basic criteria for success is the • TO ADAPT (the offenders do not learn recidivism rate or the arrest rate. ºI think enough from their experiences, their that the recidivism rate or arrest rate are thinking is too rigid) not appropriate for this kind of program evaluation. They do not always tell much The traditional western prison and other about the possible changes that have

279 RESOURCE MATERIAL SERIES No. 54 happened during the training or (Saarnio et al.) to create an assessment rehabilitation process. criteria for, let us say, high quality rehabilitation. These are the following Attitudes, values and skills can develop components: although you are still committing some crime (e.g. because of alcohol and drug 1. ‘Matching’ as a general principle of the abuse). So there must be different stages probation services, institutions and or a kind of hierarchy when thinking about prisons. The idea that we can find a the results of the rehabilitation of inmates universal form of rehabilitation has and clients of the probation service. This vanished. Some programs or methods of can be described in a following way, for rehabilitation work for one person, and not example: another.

1. “Full Rehabilitation” : no recidivism, no 2. We must take into consideration both the serious crimes cognitive styles of offenders and the congnitive styles of staff members. We 2. The partial improvement of the must try to match these as much as situation ; crimes are becoming more possible. (When there is only one therapist rare and 200 clients, it is not always so easy).

3. The situation is not worsening ; some 3. Problems of congnitive damage and positive things remain injuries must be recognized. Many offenders have even physical injuries and 4. You are able to slow down the damage because of alcohol and drug abuse worsening of the situation for instance.

5. Just easing the pain 4. The cultural matching of programs and offenders. The elements of the programs After presenting this model we must and methods must not be culturally seriously ask if it is enough just to ease the strange to the offenders. pain of offenders and inmates? It might not be so, but we must remember that demands 5. The use of mini-intervetions is useful. of absolute results may lead us to Even the giving of basic information about oversimplify the problem. The crimes, drug abuse etc. can have at least rehabilitation of inmates is not an short term impact. industrial product, but a complicated human process, where there is no clear 6. Teaching of social skills and self control start point or end. Sometimes these is necessary. rehabilitative programs can be seen like the Red Cross action during the wars: it is 7. Teaching of stress management is not ending the war but at least “easing the necessary. pain”. 8. The mechnism of everyday family life B. Assessment Criteria for the must be taken into consideration. Rehabilitation and Treatment of Offenders 9. Community Reinforcement Approach I have modified the work of some Finnish (CRA) means a combination of successful substance abuse treatment researchers programs and working methods (family

280 108TH INTERNATIONAL SEMINAR VISITING EXPERTS’ PAPERS therapy, learning of social skills, getting a “The Ministry of Justice, by directive, job, group counselling etc.). requires guards to be thoroughly familiar with the backgrounds of all 10. Systematic after-care and systematic prisoners assigned to them...A evaluation are necessary. guard...is expected to know the inmate’s moods and to be in a position The corresponding lists and meta- to readily detect any symptoms of analyses can be found very often in worry, concern, or unusual behaviour contemporary literature. At the same time on the part of the inmate. He is we can also try to make up lists which are expected to counsel the inmate when telling us what is not likely to work. these appear...Although some Programs that are less likely to succeed are prisoners try to reject their guard those which: because of the authority that he carries, the majority regard him as an • rely solely on punishment older brother or father figure, and • lack clearly stated aims readily accept his guidance and • are open-ended advice.” • rest on medical or psychotherapeutic models They also refer to the importance and • provide few opportunities for active tradition of apology in Japan and they participation describe how offenders are expected to • ignore or avoid program integrity make amends informally to victims in • are not monitored and evaluated. exchange for a letter of absolution which is presented to the court. Well known is also C. “Portia vs. Persephone” the communal role of the police in Japan. Finally I would like to raise an important and actual question and division, which we We must admit that the “Portia” model must analyze more when developing our in the field of criminal justice has been criminal justice systems and the treatment rather dominant during the recent decades of offenders. In their very interesting in Finland and also in some other Western article (1998) two British scholars, Guy European countries. Our experience of the Masters and David Smith use a division of coercive treatment ideology was so criminal justice systems into two different negative that perhaps we went too far when models. The “Portia” model means abstract, returning to the Classical School. Now it rational, rights based and in a way, is time to think more about relational masculine criminal justice. Contrast to that justice and to learn from that rich tradition we can find the “Persephone” model, which and experience of Asian countries, such as is more concrete, relational, expressive and Japan. As Masters and Smith finalize their femine model of treatment of criminals. article:

In their analysis they use the theory and “...we believe that the different voice practice of re-integrative shaming (John of Persephone needs urgently to be Braithwaite) and also evidence and heeded. The consequences of heeding experiences from Japanese criminal justice only Portia would be unbearable.” and corrections to describe the “Persephone” thinking. In this connection REFERENCES they quote Shitika (1972) who writes: Anttila, Inkeri; Incarceration for Crimes

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Never Committed. Research Institute of Legal Policy, No. 9. Helsinki 1975.

Christie, Nils: Crime Control as Industry: Towards Western Style. London 1993.

Cressey, Donald R.: The Nature and Effectiviness of Correctional Techniques. Law and Contemporary Problems, Vol. 23, 1958.

Garland, David: Punishment and Modern Society: A Study in Social Theory. Oxford 1990.

Lahti, Raimo: Sub-Regional Criminal Policy-The Experience of the Nordic Countries, in Bishop, Norman (ed.): Scandinavian Criminal Policy & 1985-1990. Stockholm 1990.

Masters, Guy & Smith, David: Portia and Persephone Revisited: Thinking about Feeling in Criminal Justice. Theoretical Criminology, Vol. 2, No. 1/1998.

Questions and Answers about Japanese Prison System. Correction Bureau, Ministry of Justice, Japan.

Rentzmann, William: Cornerstones in a Modern Treatment Philosophy: Normalization, Openness and Responsibility, in Prison Information Bulletin No. 16, June 1992. Council of Europe.

Ross, R.R. & Fabiano E.: Time to Think: A Cognitive Model of Delinquency Prevention and Offender Rehabilitation. Johnson City 1985.

Shitika, M.: The Rehabilitative Programmes in the Adult Prisons of Japan. International Report of Criminal Policy, vol. 30. No.1, 1972.

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