Approximately 10.2 million people are believed to be in penal institutions worldwide – either as pre-trial detainees or as sentenced prisoners.[1] Crime or criminal activity is such that it has been prevalent in society for ages. The act of performing a crime may be in the form of a need basis – such as a poor person stealing apples for their starving child. It may also be in the form of pure pleasure – such as a murderer going on a killing spree solely because they find it “fun”; the allure of crime is something that is not alien to a majority of people – be it in the form of petty crimes or major crimes. there are many examples of rehabilitation in criminal justice. In this article, we will learn about the Reformation and Rehabilitation of Offenders and the difference between reformation and rehabilitation.
Reformation meaning in Criminology
The meaning of reformation in criminology can be taken as it is a process of rehabilitating the offenders by guiding them to become responsible and person who accept the current laws and live normally in society without breaking these laws. Reformation in criminology helps to understand the root causes of criminal behaviour and then help the offender to change that behaviour by telling him about the importance of education in our life and adding skills to his daily life, counselling and many other different practices. by taking the help of reformation, the criminal justice system wants to reduce recidivism and promote successful reintegration into society by ensuring long-term benefits to the individual and society.
Reformation and Rehabilitation of Offenders
The classic sociologist Emile Durkheim,[2] on the topic of crime, was stated as being of the mind that “crime exists in all societies because it reaffirms moral boundaries and at times facilitates needed social changes“. With crime being so prevalent everywhere, the question of how to deal with offenders arises – whether stringent punishments should be imposed, or if we should deal with offenders more humanely by trying out reformation and rehabilitation.
The attitude of society towards offenders
Society, in general, tends to have a negative view and opinion of offenders. Many fail to understand the reasons behind many of these crimes – poverty, addiction, mental health, etc. can play a defining factor in why a crime may have been committed at times. Many people turn a blind eye to offenders’ problems before they enter prison and after they leave prison. Offenders are rarely given employment offers; they struggle to find jobs or continue their careers after leaving prison due to employers’ negative perceptions of offenders. For many men, going to prison means that they will no longer support their families monetarily – in many cases, men are the breadwinners of families. Then they can no longer earn money due to having been incarcerated.
What is the reformation and rehabilitation of offenders?
Reformation, which stems from the word ‘reform,’ is the process of making changes in something – usually an institution or a practice – to improve it. In the case of offenders, a reformation would help offenders relinquish their immoral or criminal behaviour. Rehabilitation can be defined as “the process of re-educating and retraining those who commit a crime”[2]. Reformation and rehabilitation go hand-in-hand, with rehabilitation providing offenders with insight into the world and their actions, and reformation giving them the freedom and power to overcome their mistakes. 
Today, information is readily available at our fingertips at any given time. With the media putting more focus on prisoners’ condition inside of prisons and the troubles they face with their reentry into society, the need for reformation and rehabilitation is now being highlighted more than ever. Nowadays, more people are entering prison for an extended period after committing low-level offences.
Reformation and rehabilitation of offenders can be found in Scandinavia or Norway, where the crime rates are usually lower compared to the rest of the world. They place more importance on the relinquishment of offenders than making them serve long prison sentences. On the opposite end of the spectrum would be a country like the United States, which has the world’s highest incarceration rate. They focus on ensuring that offenders are met with high prison sentences, even for low-level crimes.
Need for reformation and rehabilitation of offenders
Reformation and rehabilitation are majorly overlooked and are seldom ever taken into account as a reasonable corrective measure. Currently, remedial measures for prisoners/offenders include the option of open prisons, probation, parole, etc. There are a few reasons why reformation and rehabilitation must be taken into consideration as effective and efficient measures for offenders’ correctness. Some of the reasons are as follows:
Offender’s re-entry into society
Many offenders, once released, do not know how to function appropriately in society. Re-entry into community and society can be exceedingly troublesome and challenging for them. Despite having a minor criminal record, they may face several obstacles. Employment opportunities are also hard to come by, as employers mostly do not trust people who have just left prison.
Repeat crimes
Due to offenders’ time in prison and the challenges they face in reentry into society in terms of social or economic problems, it is elementary for them to go back into a lifestyle involving crime. Once released from prison, offenders are not given an adequate amount of support and are often left to fend for themselves when they are in the outside world. A study conducted in 2005 by the Bureau of Justice Statistics found that in a15-states study in the United States, over two-thirds of the released prisoners were rearrested within three years of their release.[3]
Mental health conditions of prisoners
Although prisons themselves are supposed to be places of reformation and rehabilitation, they may lead to the opposite effect many of the time. After being released from prison, offenders tend to display more signs of violence and aggression – as opposed to what the case should be. According to a paper published by Francesco Drago in the American Law and Economics Review, “all point estimates suggest that harsh prison conditions increase post-release criminal activity”[4]. A recent report found that over 90 per cent of the prisoners in the United Kingdom suffer from mental health problems[5]
Overcrowding in prisons
Most major prison systems are feeling a significant problem in almost all the major crime-offending countries because of overcrowding in prisons. Overcrowding can lead to inhumane living conditions and can, in turn, worsen the mental health of prisoners. Overcrowding is one such problem that is pervasive throughout India.
These are some of the main reasons that could constitute a need for offenders’ reformation and rehabilitation. A lot of these reasons concern the problems faced by offenders. With the use of reformation and rehabilitation, many of these factors could be done away with for a lot of people.
The problem of repeated offences and the mental health conditions of offenders can be dealt with significantly by imposing reformation and rehabilitation on selected prisoners. A project called the Durham Constabulary Checkpoint Project[6] (which is the longest-running and one of the most advanced ‘deferred prosecution’ schemes in England), had over 2,660 offenders who committed crimes such as burglary and assault who took part in this project which would make them avoid prosecution by entering into a four-month-long rehabilitation program for substance usage and mental health issues. The experiment found a 15 per cent drop in repeat offences after two years compared to the participants who took part in the rehabilitation program compared to those who did not.
In the matter of offenders’ reentry into society and overcrowding in prisons: Such reformation and rehabilitation programs such as the one in England will help offenders in being able to enter society again as they would not have been exposed to the harsh conditions found in traditional prisons. Reformation and rehabilitation programs will help them self-reflect, overcome substance abuse or mental health problems, etc. Overcrowding can also be dealt with by taking a significant chunk of low-level offenders who have committed crimes such as petty thefts removing them from prison systems and adding them to rehabilitation programs instead.
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Open prison system of India
Thought to be one of India’s most lenient prison systems – in this prison system, prisoners are given a fair amount of freedom and are not bound by stringent rules (such as those found in traditional prisons). It is a very close interpretation of the reformation and rehabilitation theory, which can be found in India. Open prisons[7] have minimum security and place more focus on the self-discipline of the offenders.
In this system, the offenders are not bound by any locks, walls, or bars. According to the Rajasthan Prisoners Open Air Camp Rules, 1972, the offenders can leave the prison any time after their roll call, and they must return before the second roll call. While they do not have many restrictions imposed upon the offenders, they require the offenders to earn money to support their families.
People eligible to enter open prisons are convicts who have had good behaviour and conduct and have served a minimum of five years in a traditional closed prison. The most prosperous state in terms of its implementation of open prisons can be found in Rajasthan, where most open prisons in India can also be found.
Difference Between Reformation and Rehabilitation
Rehabilitation and reformation are two approaches used in criminology to address criminal behaviour. While both aim to reduce crime and improve society, they differ in their methods and focus.
Definition and Key Distinctions
- Rehabilitation focuses on helping offenders overcome challenges that led to their criminal actions. This includes providing skills, education, and mental health support. For instance, rehabilitation programs for offenders often include drug counselling, anger management sessions, and vocational training.
- Reformation focuses on changing the offender’s moral outlook and behaviour. The goal is to help them understand the harm caused by their actions and to adopt a positive mindset. Reformation programs might involve moral education, community service, or restorative justice sessions.
By understanding the difference between rehabilitation and reformation, society can better address criminal behaviour and reduce repeat crimes.
Examples of Reformation and Rehabilitation Practices
- Rehabilitation in Criminology: Programs like vocational training for prisoners or therapy for substance abuse.
- Reformation in Criminology: Restorative justice programs where offenders meet their victims to understand the impact of their actions.
These approaches highlight how criminal justice reform incorporates reformation and rehabilitation to build safer communities.
Rehabilitation vs. Punishment
The debate between rehabilitation and punishment has been central to penology for decades. While punishment focuses on deterring crime through penalties, rehabilitation aims to address the root causes of criminal behaviour.
Contrasting Philosophies
- Punishment: This is based on retributive justice, where offenders face penalties proportional to their crimes. For example, imprisonment serves as a punishment to discourage further criminalbehaviourr.
- Rehabilitation: This approach seeks to reform the offender by addressing poverty, lack of education, or addiction. Instead of simply punishing the offender, rehabilitation helps them reintegrate into society.
Effectiveness of Rehabilitation Over Punishment
Studies show that rehabilitation reduces recidivism rates. For example, countries with strong rehabilitation programs, like Norway, report lower repeat crime rates compared to those relying heavily on punitive measures. The importance of rehabilitation for offenders lies in its ability to transform lives, whereas punishment often leads to overcrowding in prisons and limited opportunities for reformed prisoners to return to society.
Importance of Rehabilitation for Offenders
Rehabilitation plays a vital role in reducing crime and promoting societal harmony. It helps offenders develop skills and confidence to rebuild their lives.
Addressing Root Causes of Crime
Many offenders commit crimes due to underlying issues like poverty, addiction, or lack of education. Rehabilitation programs tackle these problems directly. For example:
- Drug offenders receive addiction treatment.
- Illiterate prisoners are offered basic education programs.
Such interventions help offenders understand their actions and prevent repeat crimes.
Long-Term Benefits for Society
Rehabilitated offenders are more likely to contribute positively to their communities. For instance:
- A reformed criminal might mentor at-risk youth to keep them away from crime.
- Successful rehabilitation reduces prison overcrowding, saving taxpayer money.
The rehabilitation of offenders benefits both individuals and society, fostering a culture of growth and change.
Criminal Justice Reform and Its Role in Rehabilitation
Criminal justice reform is essential for improving rehabilitation and reformation outcomes. It ensures that systems focus on helping offenders rather than merely punishing them.
Policy Changes to Support Rehabilitation
Reforms in criminal justice include:
- Introducing mental health support in prisons.
- Establishing open prison systems to prepare inmates for reintegration.
- Offering early parole to well-behaved prisoners who participate in reformation programs.
These reforms address the systemic challenges in implementing effective rehabilitation and reformation programs.
Successful Models of Justice Reform
Countries like Finland and the Netherlands emphasize rehabilitation over punishment. Their systems prioritize education, therapy, and job training for prisoners, leading to lower recidivism rates. India’s open prison system is a step toward reform, allowing inmates to work and prepare for life after release. Criminal justice reform plays a crucial role in bridging the gap between rehabilitation and reformation.
Social and Economic Rehabilitation of Offenders
The successful reintegration of offenders into society requires both social and economic support. Without these, offenders may face stigma and struggle to rebuild their lives.
Economic Empowerment Programs
Providing economic opportunities is a cornerstone of rehabilitation. Programs like:
- Vocational training for prisoners in trades like carpentry or tailoring.
- Job placement services for reformed offenders after release.
These initiatives help offenders become financially independent, reducing the likelihood of returning to crime.
Social Reintegration Challenges
Offenders often face stigma, making it hard to find housing, jobs, or social acceptance. Social rehabilitation efforts include:
- Community support groups that help reformed offenders build connections.
- Awareness campaigns to reduce societal bias against reformed criminals.
By focusing on rehabilitation and reformation, society can ensure that offenders are not only punished but also given a chance to start anew.
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Conclusion
While it is still a theory that requires more understanding and more experiments up till now, the view of reformation and rehabilitation stands its ground and makes a successful case for itself. It would be in the best interest of all countries to implement this system – both for the betterment of society and the offender’s benefit.
REFERENCES
[1] World Prison Population List available at: Â Â https://www.apcca.org/uploads/10th_Edition_2013.pdf (last visited September 26, 2020).
[2] National Criminal Justice Reference Service available at: https://www.ncjrs.gov/App/publications/Abstract.aspx?id=183063#:~:text=Classic%20sociologist%20Emile%20Durkheim%20theorizes,especially%20violent%20crime%2C%20so%20that (last visited September 25, 2020).
[2] Rehabilitation (penology) available at: https://en.wikipedia.org/wiki/Rehabilitation_(penology) (last visited September 25, 2020).
[3] Bureau of Justice Statistics: Reentry Trends In The US is available at: https://www.bjs.gov/content/reentry/recidivism.cfm (last visited September 26, 2020).
[4] American Law and Economics Review: Prison Conditions and Recidivism available at: https://academic.oup.com/aler/article-abstract/13/1/103/183298 (last visited September 26, 2020).
[5] Mental Health and Fair Trial are available at: https://justice.org.uk/wp-content/uploads/2017/11/JUSTICE-Mental-Health-and-Fair-Trial-Report-2.pdf (last visited September 25, 2020).
[6] Durham’s Pioneering Police Scheme Slashes Reoffending Rates available at: https://www.theguardian.com/uk-news/2020/feb/14/durham-pioneering-police-scheme-slashes-reoffending-rates-rehabilitation-programme (last visited September 26, 2020).
[7] What is an open prison? Available at: https://indianexpress.com/article/what-is/what-is-an-open-prison-4980425/#:~:text=08%2F1x1.png-,Open%20prisons%20have%20relatively%20less%20stringent%20rules%20as%20compared%20to,camps%20or%20prison%20without%20bars.&text=Every%20state%20in%20India%20has,Andhra%20Pradesh%20Prison%20Rules%2C%201979. (last visited September 27, 2020).