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Critically evaluate how prisons in England and Wales can achieve the purposes of sentencing

Introduction

Prisons in England and Wales are at the centre of the criminal justice system and are designed to perform the functions of sentencing. In the current context, however, the penal system is confronted with several issues, which have led to the questioning of the impact of imprisonment on its policies. This essay explores the issues from a critical stance, assessing the theory of prisons and the apportionment of practices to modern scenarios. To achieve this, and to gain a perspective on influential factors, the essay will consider historical, law- and community-backed perspectives to develop an understanding of the present-day operational needs and whether they complement the intended goals of sentencing. Through the combined analysis, the essay takes a multi-disciplinary approach to suggest the point of interest from which change can be affected, promoting prison-oriented responses to keep in tandem with the 21st century’s realities.

Historical Context

It is evident from this retrospective analysis of the historical evolution of prisons in England and Wales that society’s views on punishment and rehabilitation have changed dramatically. These shifts occurred due to changing political ideologies at different points in time. Throughout the Middle Ages and until the late 18th and early 19th centuries, prisons were detention stations for people to be punished shortly afterward.[1] As it is well-known, back then, sin and immoral behaviour were believed to be the primary causes, and it was a sin that needed to be punished by the criminal. The penal sanctions such as the 1757 incident with Damiens there displayed the essence of justice as punitive. In contrast, the 19th century saw a theory of rehabilitation come into fruition with the Penal Servitude Act of 1864 and Gladstone’s 1895 report on reforms, which highlighted that the purposes of imprisonment are not just reproached but rehabilitation and recognition of the shocking effect of punishment itself.[2]

The subsequent Prison Act of 1898 approved this ideology by enabling reform, “such a model is expected to bring about the reformatory discipline on defendants”. At the same time, industrial and organisational transformations in the Victorian era led to various institutions being formed, such as the Magdalene Laundries. Functioning as safe places for former prostitutes, these places quickly developed into harsh labour camps, becoming lucrative business models for exploitation and crime in the name of religion.[3] Modern criminal policy is short on what Victorian Justice and Amanda Richardson call “late enlightenment” and grounded on the theory of punishment. There is a firm belief that modern penal policy is built upon Victorian penal practice. The legacy of rationalist punishment is visible everywhere. The history of criminal justice exposes the roots of a contemporary prison’s problem, thereby providing an alternative or comparative perspective to alternative policies.[4]

Theoretical Justifications for Imprisonment

Retribution

Retribution, grounded in the principle of "just deserts," posits that offenders deserve punishment proportional to the severity of their crimes. Throughout history, retribution has been one of the essential components of various criminal justice systems, embodying the idea of fairness and accountability. However, this sentencing criterion has been challenged in modern discussions of justice largely due to the changing definitions of punishment and rehabilitation. [5] For example, the designated term “just deserts” is broadly interpreted as an attempt to make the punishment equal to the damage done by the crime, reestablishing an ethical balance and satisfying justice’s requirements. Under the retribution criterion, it can be argued that it prevents crime because it demonstrates to potential offenders that society will punish them for criminal acts. Furthermore, it equally satisfies victims’ and communities’ natural response to violence, namely the desire for revenge.[6]

However, there are also critics of the retributive understanding of justice. First, from an ethical perspective, retribution can be seen as inhumane due to an emphasis on suffering. Second, retribution does not address the root causes of crime: poverty, trauma, mental health issues. Third, redefining justice as retribution subjectives polarizes society into victims in need of punishment and deserving members. Fourth, restorative practices allow recidivism and the proliferation of violence. In this regard, modern attitudes to justice aim to restore the concept of justice to its origins and replace retribution with restoration. Restorative justice emphasizes offenders’ responsibility, sympathy, and dialogue between participants in a conflict to address root causes and transform.[7]

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