1 A Century of Rehabilitation Reviewing the Past Foreseeing the Future Pat Carlen UK (University of Kent)

2 Rehabilitation *the return *of a lawbreaker *or ex-prisoner to *civil society *with an enhanced capacity to lead a law-abiding life in future

3 Sentencing Justice Model > Justice through punishment Welfare Model > Crime Reduction through Rehabilitation

4 Strategy Dimensions of Rehabilitation Recurring Questions Dystopias and Utopias

5 Dimensions of Rehabilitation DimensionRehabilitative AimExamplesAssumptions Formal/LegalReduce stigma of criminal conviction UK Rehabilitation of Offenders’ Acts Equality before law: lawbreakers/errant citizens Psychological Psychiatrical Psycho- analytical Change lawbreakers’ attitudes, habits, cognitions Behaviour modification Therapy Re-education Programming Crime result of faulty organism, damaged psyche or faulty cognitions Social WelfareIncrease social provision for ex-prisoners Specialist housing, education Crime result of adverse social circumstances e.g. poverty, homelessness Psycho-SocialIncrease access to social provision for ex- prisoners Probation. Group therapy Lawbreaker cannot see a lawful solution to adverse social circumstances Community Corrections: ‘Popular Justice’ and ‘therapy for citizenship models Repair breach between lawbreaker and Community. Strengthen Citizenship/Community Ties. Restorative Justice Drug courts Day Centres Education Re-Education Parenting Classes Desistance from crime and increase in inclusionary ties result more from strength of personal relationships than from exclusionary sanctions

6 RECURRING THEMES WHO is to be Rehabilitated? Relationships between Social Justice and Criminal Justice? Rehabilitation and Reparation?

7 Rehabilitation: A Dystopian Future Increase in Exclusionary Rehabilitation via Imprisonment Rehabilitation of offender as worker rather than as citizen Rehabilitation focused on lower income criminals. Exclusion of higher income and corporate criminals from both rehabilitative and reparative sanctions Governments incorporate progressive language into retrogressive policies Governments ignore the rule of law Governments fail to respond to crime within human rights framework

8 Rehabilitation: A Utopian Future Therapeutic Jurisprudence and Therapy for Citizenship State-Obligated Rehabilitation and the Renegotiation and Regeneration of Citizenship

9 Therapy for Citizenship Examples Restorative Justice Drug Courts Re-Entry Courts/Ceremonies One to One support Friendship Circles Support & therapy for specific types of offenders

10 Renegotiation and Regeneration of Citizenship State-obligated Rehabilitation and the Reconciliation between state, community and offender State and Offender required to recognise mutual obligations to Community Rehabilitation for corporate and higher income criminals dependent upon reparations being made to state and community

11 References Carlen, P (1989) (2010) ‘Crime, Inequality and Sentencing’ in P. Carlen, P and D. Cook (eds.)1989) Paying for Crime. Milton Keynes. Reprinted in P. Carlen (2010) A Criminological Imagination. pp Farnham: Ashgate Publishing Cesaroni, C. and A Doob (2003) ‘The Decline in Support for Penal Welfarism: Evidence of Support among the Elite for Punitive Segregation.’ British Journal of Criminology. 43.2: Cullen, F. and K. Gilbert (1982) Reaffirming Rehabilitation. Cincinatti: Ohio. Anderson Publishing Doyal, L. and I. Gough (1991) A Theory of Human Need. London: Macmillan Farrall, S., M. Hough, S. Maruna, and R. Sparks (2011) Escape Routes: Contemporary Perspectives on Life after Punishment. Oxford: Routledge Garland, D. (1985) Punishment and Welfare. Aldershot. Gower Maruna, S. (2000) Making Good: How Ex-Convicts Reform and Build Their Lives. Washington: American Sociological Association Mascini, P. and D. Houtman (2006) ‘Rehabilitation and Repression: Reassessing their Ideological Embeddedness British Journal of Criminology 46(5): Pratt, J. (2008) Scandinavian Exceptionalism in an Era of Penal Excess. Part 1 in The British Journal of Criminology. Vol.48. 2: Robinson, G. and I. Crow (2009) Offender Rehabilitation: Theory, Research, Practice. London: Sage