To understand why a belief in criminological positivism and a faith in
rehabilitation and a welfare characterized crime control has formed in the
modern era, there are two major issues to consider. One is the lack of
humane conditions that are presently provided in prison systems and the
other is the degree of rehabilitation that prisons can and should
facilitate to cope with prison populations that are swelling beyond
control. Rehabilitation to avoid incarceration in the first place or to
reduce the likelihood that inmates will return to prison after their
release is the best possible solution.
According to Human Rights Watch (Human rights watch prison project),
prisoners suffer from physical mistreatment, excessive disciplinary
measures, intolerable physical conditions and inadequate medical and mental
health care. Prisons are severely overcrowded and do not have adequate
staffing. Many local jails are unsafe, vermin-infested and lack areas
where inmates can get exercise or fresh air. Violence by inmates and
guards is common. Mentally ill inmates who comprise between six and
fourteen percent of the incarcerated population do not receive adequate
monitoring and treatment. Private prisons operate without sufficient
control and oversight from public correctional authorities. Both prisoner-
on-prisoner sexual abuse and sexual abuse of women is a huge problem.
Amnesty International reported that sexual abuse of female inmates is
rampant but said many cases go unreported for fear of retaliation. Amnesty
reported an undetermined number of cases of prison guards who grope women
during daily searches and who rape women. Amnesty also found some prison
guards sell female prisoners as sex slaves to male inmates (Ruggiero,
Even most those who argue that prisons should punish prisoners would
agree that prisoners need to be provided with humane living conditions. In
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