Criminal procedure (2023): Post-sentencing: Rehabilitation

Law School

Rehabilitation is the process of re-educating and retraining those who have committed a crime. It generally involves psychological approaches which target the cognitive distortions associated with specific kinds of crime committed by particular offenders – but may also involve more general education such as literacy skills and work training. The goal is to reintegrate offenders back into society.

Methods.

A successful rehabilitation of a prisoner is also helped if convicted persons:

are not placed in health-threateningly bad conditions, enjoy access to medical care and are protected from other forms of serious ill-treatment,

are able to maintain ties to the outside world,

learn new skills to assist them with working life on the outside,

enjoy clear and detailed statutory regulations clarifying the safeguards applicable and governing the use and disposal of any record of data relating to criminal matters.

Applications.

Norway.

Norway's prison system is based on the principle of normalization and away from retribution to focus on rehabilitation. Inmates have access to amenities they would have outside of prison, such as an exclusive mini fridge, flat-screen TV, private bathroom, and access to the outdoor environment. This, along with a shared kitchen and living area "to create a sense of family" among inmates and the absence of traditional prison uniforms contributes to Norway's rehabilitative normalcy system. The prison's structure is composed of Units A, B and C, with Unit A housing those in need of psychiatric or medical attention, thus being the most prohibitive of the three. Halden Fengsel, referred to as the "world's most humane maximum-security prison", embodies the country's goal of reintegration by aiding inmates in sorting out housing and employment before leaving the prison. Rehabilitative measures involve education, job training, workshops to acquire a trade, and therapy along with the humane treatment they receive from personnel who have to complete three years of training to become prison guards.

The effectiveness of Norway's methods is evident as they hold the lowest recidivism rate worldwide at 20% as of December 2014. In comparison, in 2007, 14 prisons in England and Wales had reconviction rates of more than 70%, which cost an average of £40,000 a year for each prisoner. This has been accused of being "a huge investment in failure" and "a total lack of consideration for potential future victims of released prisoners". "Better out than in" is Norway's Correctional Service unofficial motto that is in view with their rehabilitative system as a justice to society by integrating inmates as functioning members of society upon release.

Meditation.

Vipassanā 10-day meditation courses were first taught in prisons in India in 1975. They have since been conducted in the US (1997–present), UK (1998), Spain (2003), Israel (2007) and Ireland (2015). Vipassana meditation aims to reduce negative mental states such as anger and aggression, and provide a path to inner peace.

--- Send in a voice message: https://podcasters.spotify.com/pod/show/law-school/message Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support