Legitimacy In Corrections Research Paper
Courtney Weidner
Legitimacy of Corrections
Chestnut Hill College
Abstract
This paper will attempt to define legitimacy in the context of corrections and the overall criminal justice system. A study will be introduced that will reflect the correlation between compliance and perceived legitimacy while incarcerated. Specifically, 202 adult inmates were randomly assigned to serve a 6-month sentence at either a military-style boot-camp or a traditional prison. They then took a survey to voice their concerns and overall experiences. The findings suggest legitimacy-building policies such as fair treatment and decision making among officers and other authority. In …show more content…
addition, this paper will apply the Law and Order Model to both the study and the general activity of the criminal justice system. Easily enough, this paper argues and confirms that rehabilitation is more influential on perception, ultimately constructing a sense of legitimacy in the public eye.
Perceptions of legitimacy have been found to play an important role in determining the effectiveness of the criminal justice system.
However, it is often viewed as a challenging task to define and measure such a subjective and abstract issue. Within our current justice system there are two different facilities used to implement the principles of corrections; a traditional facility and a modern boot camp. In an effort to define what makes a correctional facility legitimate, research was extended. In fact, a study was conducted that followed 202 adult inmates. During this study, the inmates were assigned to serve a six-month sentence at one of the two institutions. After their experience, each inmate was asked to take a survey and reveal their individual perceptions on the facility as a whole, specifically their programs regarding treatment, functions of efficiency, and authoritative tactics while incarcerated. The results of this experiment are used to suggest ideas for the future of correctional …show more content…
practices.
In order to determine the legitimacy of our corrections system, a definition needs to exist. Tyler (2003:308) described legitimacy as “a quality possessed by an authority, a law, or an institution that leads others to feel obligated to obey its decisions and directives.” When applying this to the criminal justice system, it essentially means the obligation people feel to follow the law and to obey authority. For example, people who believe the strategies and tactics of the correctional system are effective they are more inclined to perceive legitimacy. Specifically, someone who has had a good experience with the justice system will tend to view the overall institution in a more positive light compared to those who have endured a more unfavorable encounter. However, Tyler (1990: 21) argued that it is ignorant to assume that people will follow rules due to fear of the sanctions. Had this been found true, there would not be a need for law because the mere idea of social regulations would suffice. Instead, society’s obedience has a dependence on the perception of authority, institution, and law being deserving of compliance (Jackson 2010).
The legitimacy of corrections is an important aspect for society due to its strong influence on the general public.
In fact, being one of the most institutionalized and widely known forms of authority, there tends to be a great deal of pressure on the criminal justice system. If society does not view the justice system as legitimate, then there is little chance for other, less influential figures of authority to obtain a sense of legitimacy (Hoffman, 1977). Any lack of public cooperation could lead to a decline in structure, order, and compliance. For example, a repercussion to lack of legitimacy is the inclination that citizens have to disobey or even disregard police mandate (Skogan and Frydll, 2003) or court decisions (Tyler, 2003). However, it has been found that legitimacy of the law is more influential in determining offending behavior than the risk of punishment (Tyler, 1990). Essentially, the definition of legitimacy has found that the decision itself is not nearly as important as the discernment process or the means of rehabilitation (Franke, Bierie and MacKenzie,
2010).
If one were to compare Beccaria’s treatise on classical criminology and the definition of legitimacy, one would find they reflect similar perspectives. Beccaria stated that,
“Classical criminology holds that human beings are rational beings possessing free will and that they have the ability and capacity to choose their actions. As such, if they make the wrong choice, society has a right even an obligation to punish them. Because that act of punishment is useful in that if proportional, swift, certain, and public, it should deter.”
In retrospect, Beccaria is assuming that all people share the same process of rational decision making, therefore, are fully capable of understanding when they are and are not obeying the law. According to Beccaria, if a person is to violate a law or “society’s norms,” they would understand that every action has a consequence and in this case, it would be a fair punishment in exchange for their wrongdoings. This idea is similar to legitimacy due to the same sense of unwritten association. For example, if society believes that the criminal justice system is legitimate, they expect punishment when a law is breached. The relationship between the two schools of thought share an emphasis on the need for upholding law and order. However, the relationship only works if society constructs a valid perception of the system as legitimate. Without such a perception, the system is nothing more than an unfair punishment allotted to an individual unworthy.
As discussed, the criminal justice system is responsible for upholding a sense of law and order. Ironically, the law and order model is molded and applied to do just that. The law and order model is defined as the state of society where a vast majority of population respects the rule of law, and where the law enforcement agencies observe laws that limit their powers. In more laymen’s terms, the law and order model relates to the attitudes of people towards punishment to ensure compliance. Ensuring compliance by maintaining law and order implies firm action to be taken when dealing with occurrences of theft, violence, disturbance of peace, and other common crimes. In addition, it employs rapid enforcement of penalties imposed under criminal law. The ideas have been developed by both conservative and liberal theologies over the last ten years. The conservative theology emerged first during the Big House Era and focused on disciplinary action to deter crimes. On the other hand, the liberal theology that emerged later under the Corrections Era was based on rehabilitation of offenders (class notes). With this said, the study of prison versus boot camp seems necessary to evaluate both means of punishment.
The liberal theology that attempted to rehabilitate criminals for reentry to society is consistent with the boot camp facility studied by Franke, Bierie, and MacKenzie. The boot camp facility reported that prisoners were kept in better spaces for living and the prevalence of positive experiences. The positive experiences stemmed from “better inmate-guard relationships, less hostile interaction among inmates, more regularity, consistency of programming, more safety and fairer procedures” (Franke, Bierie and MacKenzie, 2010). The boot camp focused on drug treatment, attitude change, and education. The respect the inmates acquired for the guards as well as the treatments received proved the rehabilitation attempts of boot camp.
When compared to boot camp, the traditional prison facility appeared more consistent with the law and order model. The traditional prison’s goal was aimed towards detaining individuals until they have served their sentence before releasing them back into society. This facility did not have any concerns about rehabilitation of individuals, but rather concerned itself with keeping criminals off the streets in an attempt to prove to the public the justice system was efficiently fulfilling their responsibilities. However, unlike boot-camps, the prisons were overcrowded and education was of least importance. Even though there were such centers as education, drug treatment, and training skills, there was a far less participation percentage (O’Neill, Mackenzie, and Bierie 2007). The inmates also experienced harsher treatments from the guards and endured the consequences of a hierarchy among inmates. Overall, the evidence collected reflected the emphasis of punishment implemented in the traditional prison facility. In fact, the traditional prison reinforces the “lock them up” philosophy, correlating with the principles of the law and order model.
After the study was finished and the results were analyzed, the experiment found that perceptions of legitimacy regarding the justice system does often change and the facility type, in fact, does matter (Franke, Bierie, and Mackenzie, 2010). The study suggests that the future of correctional practices should include positive reinforcement and a rehabilitation approach for inmates in order for correctional practices to be viewed as legitimate. Positive reinforcement is a rehabilitation effort to put inmates on a daily routine that encourages positive experiences while simultaneously eliminating negative interactions. Rehabilitation is different, as it will allow inmates to feel that they have been treated fairly and with the utmost respect while still being punished for their crimes. If this school of thought happens to spread, it is likely that the boot-camp model may be instituted more. In fact, the boot camp facility received higher reviews in comparison to the results collected from the traditional prison (Tyler, 1990). Evidently, boot camp is viewed as the more legitimate approach of the two. Why? Because it helped inmates to be rehabilitated and released back into society with a newly found respect for discipline, human life, and the justice system. The way I see it is, boot-camp and rehabilitation are the future of corrections. The corrections system has changed over the last ten years and with the results of this study it is likely to continue to change well into the future.
References:
Franke, D., Bierie, D., & MacKenzie, D. L. (2010). Legitimacy in corrections a randomized experiment comparing a boot camp with a prison. Criminology & Public Policy, 9(1), 89-117.
Jackson, J. (2010). Legitimacy and procedural justice in prisons. Prison Service Journal, (191), Retrieved from http://www.academia.edu/270079/Legitimacy_and_procedural_justice_in_prisons
O’Neill, Lauren, Doris L. MacKenzie, and David Bierie. 2007. Educational opportunities within correctional institutions: Does facility type matter? The Prison Journal, 87: 311–327.
Skogan, Wesley G. and Kathleen Frydl. 2003. Fairness and Effectiveness in Policing: The
Evidence. Washington, DC: National Academies Press.
Tyler, Tom R. 1990. Why People Obey the Law. New Haven, CT: Yale University Press.
Tyler, Tom R. 2003. Process-based regulation: Procedural justice, legitimacy, and the effective rule of law. In (Michael H. Tonry, ed.), Crime & Justice. Chicago IL: University of Chicago Press.
Legitimacy of Corrections
Chestnut Hill College
Abstract
This paper will attempt to define legitimacy in the context of corrections and the overall criminal justice system. A study will be introduced that will reflect the correlation between compliance and perceived legitimacy while incarcerated. Specifically, 202 adult inmates were randomly assigned to serve a 6-month sentence at either a military-style boot-camp or a traditional prison. They then took a survey to voice their concerns and overall experiences. The findings suggest legitimacy-building policies such as fair treatment and decision making among officers and other authority. In …show more content…
addition, this paper will apply the Law and Order Model to both the study and the general activity of the criminal justice system. Easily enough, this paper argues and confirms that rehabilitation is more influential on perception, ultimately constructing a sense of legitimacy in the public eye.
Perceptions of legitimacy have been found to play an important role in determining the effectiveness of the criminal justice system.
However, it is often viewed as a challenging task to define and measure such a subjective and abstract issue. Within our current justice system there are two different facilities used to implement the principles of corrections; a traditional facility and a modern boot camp. In an effort to define what makes a correctional facility legitimate, research was extended. In fact, a study was conducted that followed 202 adult inmates. During this study, the inmates were assigned to serve a six-month sentence at one of the two institutions. After their experience, each inmate was asked to take a survey and reveal their individual perceptions on the facility as a whole, specifically their programs regarding treatment, functions of efficiency, and authoritative tactics while incarcerated. The results of this experiment are used to suggest ideas for the future of correctional …show more content…
practices.
In order to determine the legitimacy of our corrections system, a definition needs to exist. Tyler (2003:308) described legitimacy as “a quality possessed by an authority, a law, or an institution that leads others to feel obligated to obey its decisions and directives.” When applying this to the criminal justice system, it essentially means the obligation people feel to follow the law and to obey authority. For example, people who believe the strategies and tactics of the correctional system are effective they are more inclined to perceive legitimacy. Specifically, someone who has had a good experience with the justice system will tend to view the overall institution in a more positive light compared to those who have endured a more unfavorable encounter. However, Tyler (1990: 21) argued that it is ignorant to assume that people will follow rules due to fear of the sanctions. Had this been found true, there would not be a need for law because the mere idea of social regulations would suffice. Instead, society’s obedience has a dependence on the perception of authority, institution, and law being deserving of compliance (Jackson 2010).
The legitimacy of corrections is an important aspect for society due to its strong influence on the general public.
In fact, being one of the most institutionalized and widely known forms of authority, there tends to be a great deal of pressure on the criminal justice system. If society does not view the justice system as legitimate, then there is little chance for other, less influential figures of authority to obtain a sense of legitimacy (Hoffman, 1977). Any lack of public cooperation could lead to a decline in structure, order, and compliance. For example, a repercussion to lack of legitimacy is the inclination that citizens have to disobey or even disregard police mandate (Skogan and Frydll, 2003) or court decisions (Tyler, 2003). However, it has been found that legitimacy of the law is more influential in determining offending behavior than the risk of punishment (Tyler, 1990). Essentially, the definition of legitimacy has found that the decision itself is not nearly as important as the discernment process or the means of rehabilitation (Franke, Bierie and MacKenzie,
2010).
If one were to compare Beccaria’s treatise on classical criminology and the definition of legitimacy, one would find they reflect similar perspectives. Beccaria stated that,
“Classical criminology holds that human beings are rational beings possessing free will and that they have the ability and capacity to choose their actions. As such, if they make the wrong choice, society has a right even an obligation to punish them. Because that act of punishment is useful in that if proportional, swift, certain, and public, it should deter.”
In retrospect, Beccaria is assuming that all people share the same process of rational decision making, therefore, are fully capable of understanding when they are and are not obeying the law. According to Beccaria, if a person is to violate a law or “society’s norms,” they would understand that every action has a consequence and in this case, it would be a fair punishment in exchange for their wrongdoings. This idea is similar to legitimacy due to the same sense of unwritten association. For example, if society believes that the criminal justice system is legitimate, they expect punishment when a law is breached. The relationship between the two schools of thought share an emphasis on the need for upholding law and order. However, the relationship only works if society constructs a valid perception of the system as legitimate. Without such a perception, the system is nothing more than an unfair punishment allotted to an individual unworthy.
As discussed, the criminal justice system is responsible for upholding a sense of law and order. Ironically, the law and order model is molded and applied to do just that. The law and order model is defined as the state of society where a vast majority of population respects the rule of law, and where the law enforcement agencies observe laws that limit their powers. In more laymen’s terms, the law and order model relates to the attitudes of people towards punishment to ensure compliance. Ensuring compliance by maintaining law and order implies firm action to be taken when dealing with occurrences of theft, violence, disturbance of peace, and other common crimes. In addition, it employs rapid enforcement of penalties imposed under criminal law. The ideas have been developed by both conservative and liberal theologies over the last ten years. The conservative theology emerged first during the Big House Era and focused on disciplinary action to deter crimes. On the other hand, the liberal theology that emerged later under the Corrections Era was based on rehabilitation of offenders (class notes). With this said, the study of prison versus boot camp seems necessary to evaluate both means of punishment.
The liberal theology that attempted to rehabilitate criminals for reentry to society is consistent with the boot camp facility studied by Franke, Bierie, and MacKenzie. The boot camp facility reported that prisoners were kept in better spaces for living and the prevalence of positive experiences. The positive experiences stemmed from “better inmate-guard relationships, less hostile interaction among inmates, more regularity, consistency of programming, more safety and fairer procedures” (Franke, Bierie and MacKenzie, 2010). The boot camp focused on drug treatment, attitude change, and education. The respect the inmates acquired for the guards as well as the treatments received proved the rehabilitation attempts of boot camp.
When compared to boot camp, the traditional prison facility appeared more consistent with the law and order model. The traditional prison’s goal was aimed towards detaining individuals until they have served their sentence before releasing them back into society. This facility did not have any concerns about rehabilitation of individuals, but rather concerned itself with keeping criminals off the streets in an attempt to prove to the public the justice system was efficiently fulfilling their responsibilities. However, unlike boot-camps, the prisons were overcrowded and education was of least importance. Even though there were such centers as education, drug treatment, and training skills, there was a far less participation percentage (O’Neill, Mackenzie, and Bierie 2007). The inmates also experienced harsher treatments from the guards and endured the consequences of a hierarchy among inmates. Overall, the evidence collected reflected the emphasis of punishment implemented in the traditional prison facility. In fact, the traditional prison reinforces the “lock them up” philosophy, correlating with the principles of the law and order model.
After the study was finished and the results were analyzed, the experiment found that perceptions of legitimacy regarding the justice system does often change and the facility type, in fact, does matter (Franke, Bierie, and Mackenzie, 2010). The study suggests that the future of correctional practices should include positive reinforcement and a rehabilitation approach for inmates in order for correctional practices to be viewed as legitimate. Positive reinforcement is a rehabilitation effort to put inmates on a daily routine that encourages positive experiences while simultaneously eliminating negative interactions. Rehabilitation is different, as it will allow inmates to feel that they have been treated fairly and with the utmost respect while still being punished for their crimes. If this school of thought happens to spread, it is likely that the boot-camp model may be instituted more. In fact, the boot camp facility received higher reviews in comparison to the results collected from the traditional prison (Tyler, 1990). Evidently, boot camp is viewed as the more legitimate approach of the two. Why? Because it helped inmates to be rehabilitated and released back into society with a newly found respect for discipline, human life, and the justice system. The way I see it is, boot-camp and rehabilitation are the future of corrections. The corrections system has changed over the last ten years and with the results of this study it is likely to continue to change well into the future.
References:
Franke, D., Bierie, D., & MacKenzie, D. L. (2010). Legitimacy in corrections a randomized experiment comparing a boot camp with a prison. Criminology & Public Policy, 9(1), 89-117.
Jackson, J. (2010). Legitimacy and procedural justice in prisons. Prison Service Journal, (191), Retrieved from http://www.academia.edu/270079/Legitimacy_and_procedural_justice_in_prisons
O’Neill, Lauren, Doris L. MacKenzie, and David Bierie. 2007. Educational opportunities within correctional institutions: Does facility type matter? The Prison Journal, 87: 311–327.
Skogan, Wesley G. and Kathleen Frydl. 2003. Fairness and Effectiveness in Policing: The
Evidence. Washington, DC: National Academies Press.
Tyler, Tom R. 1990. Why People Obey the Law. New Haven, CT: Yale University Press.
Tyler, Tom R. 2003. Process-based regulation: Procedural justice, legitimacy, and the effective rule of law. In (Michael H. Tonry, ed.), Crime & Justice. Chicago IL: University of Chicago Press.