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3 Developments in the Use of Prisons European Journal on Criminal 1 [.3 Developments in the >N 0928-1371 Use of Prisons European Journal on Criminal Policy and Research ARCHIEF EXEMPLAAR- NIET MEENEMEN'!!!! 0 Developments in the iN 0928-1371 Use of Prisons European Journal on Criminal Policy and Research Research and Kugler Documentation Centre Publications Amsterdam/ New York 1996 Aims and scope prof. dr. A. Siemaszko, Poland The European Journal on Criminal Policy Institute of Justice and Research is a platform for discussion prof. dr. C.D. Spinellis, Greece and information exchange on the crime University of Athens problem in Europe. Every issue concentrates dr. D.W. Steenhuis, The Netherlands on one central topic in the criminal field, Public Prosecutor's Office incorporating different angles and perspec- dr. P.-O. Wikstrim, Sweden tives. The editorial policy is on an invitational Swedish National Police College basis. The journal is at the same time policy- based and scientific, it is both informative Editorial committee and plural in its approach. The journal is of prof dr. J. Junger-Tas interest to researchera, policymakers and editor-in-chief other partjes that are involved in the crime dr. J.C.J. Boutellier problem in Europe. managing editor The Eur. Journ. Crim. Pol. Res. (preferred prof. dr. H.G. van de Bunt abbreviation) is published by Kugler Publica- WODC 1 Free University of Amsterdam tions in cooperation with the Research and prof dr. G.J.N. Bruinsma Documentation Centre (WODC) of the Dutch University of Twente Ministry of Justice. The WODC is, indepen- prof. dr. M. Killias dently from the Ministry, responsible for the University of Lausanne contents of the journal. Each volume will dr. M.M. Kommer contain four issues of about 130 pages. WODC prof. dr. L. Walgrave Advisory board University of Leuven prof. dr. H.-J. Albrecht, Germany Dresden University of Technology Editorial address prof. dr. H.-J. Bartsch, Germany Ministry of Justice, WODC, mrs. K.E. Slabbers Free University of Berlin / Council of Europe European Journal on Criminal Policy prof. dr. A.E. Bottoms, Great Britain and Research, P.O. Box 20301, University of Cambridge 2500 EH The Hague, The Netherlands prof. dr. N.E. Courakis, Greece Tel.: (31 70) 3707618; Fax: (31 70) 3707948 University of Athens prof. dr. J.J.M. van Dijk, The Netherlands Subscriptions Ministry of Justice / University of Leiden Subscription price per volume: DFL 180 / dr. C. Faugeron, France US $ 112.50 (postage included) Grass Kugler Publications, P.O. Box 11188 prof. K. Góncz6/, Hungary 1001 GD Amsterdam, The Netherlands, Ebty&s University Fax: (31 20) 6380524 dr. M. foutsen, Finland For USA and Canada: Heuni Kugler Publications, c/o Demos Vermande, prof. dr. H.-J. Kerner, Germany Order Department, 386 Park Avenue South, University of Ti bingen Suite 201, New York, NV 10016, USA prof. dr. M. Levi, Great Britain Fax: (212) 683 0118 University of Wales dr. R. Lévy, France Single issues Cesdip, CNRS Price per issue DFL 55 / US $ 35.00 P. Mayhew, Great Britain For addresses, see above Home Office prof. dr. B. De Ruyver, Belgium Production University of Ghent Marianne Sampiemon prof. dr. E.U. Savona, Italy Adriënne Baars University of Trento Hans Meiboom (design) Contents Editorial 5 Mass incarceration: 'a sin against the future'? 7 Vivien Stern Controlling prison population size 26 Michael Tonry Incarceration rates: Europe versus USA 46 André Kuhn The American Experiment; crime reduction through prison growth 74 Kevin R. Reitz Private prisons; contexts, performance and issues 92 Mick Ryan Changing patterns in the use of prisons; an evidence-based perspective 108 Friedrich Losel Varia 128 Ex-prisoners and the labour-market - a literature review by Hans van Netburg 128 Policing and change - a book review by Maurits Kruissink 134 International conference on restorative justice for juveniles 136 Crime institute profile 138 National Research Institute of Legal Policy, Finland Abstracts 143 Editorial Today's criminal justice system can be judged either as a big success or as a great failure. It is a big success because almost every single country in the world has a growing incarceration rate. The criminal justice system is obviously successful in putting more criminals behind bars. It can be seen as a great failure however because imprisonment seems to have lost its position as the ultimum remedium in law enforcement. Prison has regained an inevitable central position as a controlling social force. Despite the optimism of the rehabilitation-ideal and the development of alternatives for imprisonment over the last decades, the prison has kept its status of absolute necessity. In the preceding issue of the European Journal on Criminal Policy and Research a comparison was made between Europe and the USA. Crime rates on both sides of the Atlantic seem to converge, with the exception of gun related vio- lent crime. There are huge differences in incarceration rates between the USA and European countries however. In several articles of this issue this difference is discussed. According to the view of Michael Tonry increased use of imprison- ment seems to be a deliberate government policy goal in England, the United States, and some Australian states. In most other countries it is not. Various techniques have been used to constrain prison population growth. Broad-based support for reduced prison use has increased over several decades in Finland and Germany. Sentencing guidelines related to prison capacity have been successful in some American states for extended periods. Ad hoc measures amnesties and wholesale pardons in France, Italy, and Portugal, and 'emergency crowding laws' and 'population caps' in some American states - have been unsuccessful. André Kuhn compares different countries' prison statistics. In his view complex processes are involved. Imprisonment rates are affected by the frequency and seriousness of offences, police efficiency, the severity of the law, the way judges interpret the law, and by the modes of carrying out sentences (stay of sentence, amnesty, release on parole, mandatory minimum sentences, etcetera). Kuhn discusses the reasons for the enormous difference between European incarcera- tion rates and the rate of the United States of America. The Watergate scandal, Martinson's 'nothing works', Von Hirsch's 'just deserts', socio-economic dispari- ties, ideological differences, as well as the length of the imposed sentences are pointed out. These findings are surely not exhaustive and a lot of other factors may explain some of the differences. Kevin Reitz speaks in his article of the 'American Experiment': crime reduction through prison growth. The great experiment of US prison growth began European Journal en Criminal Policy and Research vol. 4-3 6 around 1970 and has continued to the present. This growth has yielded crime reduction benefits that are real and that sometimes add up to actual large numbers of prevented crimes, hut it has failed to live up to many peoples hopes and expectations. Normative judgments about the success or failure of the experiment are not matters of objective fact; they depend on overlays of value and perspective that vary among individuals. Reitz emphasises that there is an inherent difficulty of translating one country's experience to other systems. Comparative studies-offer undoubted benefits, but few of them are straightforward and linear. The most substantial reward to be gained from studying the US data may be to encourage an attitude of watch- fulness in European nations that are pursuing, or considering, a course of prison expansion. Policy makers should be wary of crime-reduction claims, however plausible they sound, that may be too good to be true. Mick Ryan deals in his article with context and performances in the privatiza- tion of prisons, in the US and Europe. He describes the progress of prison privatization as being very variable. Except for Britain, European countries have not started experimenting with private prisons. Ryan states however that 'the private sector has already benefitted a good deal from the expansion of the state prison system'. He refers to the private interest in buildings, security systems and electronic surveillance. Managing the system would not make a great difference to the corporate profits. Ryan does not expect a big increase in privatization - unless penal policy becomes more repressive. The article of Friedrich Losel deals with the rehabilitation ideal. In his opinion there is good reason to revitalize this ideal, because the results are less negative than generally accepted. He introduces the 'need principle' which implies that programs are individualized towards the specific problems of offenders. 'A regime that is emotionally and socially responsive as well as structured, norm- oriented and controlling can be highly important not only for the interaction within a programme hut also for future non-offending.' The current issue is opened by a cry from the heart. Vivien Stern calls 'mass incarceration' a sin against the future. Attempts to deal with prison overcrowd- ing, for example by queuing systems or alternatives such as electronic monitor- mg, are poor palliatives. Overcrowding is, according to Stern, a symptom of a deeper problem: the growing use of mass incarceration as a solution to social problems. At its most developed in the USA, this approach is gaining wider support elsewhere. Ir brings great dangers by producing a large section of the population with criminal loyalties, by absorbing investment and by providing a market for a private sector well-able to employ political lobbyists. Efforts to resist the trend are underway in various countries and must be successful if the threat to human rights is to be contained. Mass incarceration: `a sin against the future'? Vivien Stern' The extent and nature of overcrowding As the century draws to a close prison overcrowding is one of the social ills of the world. It is found in all continents and all regions, developed and undevel- oped, rich and poor.
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