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Further, Martinson derided the theory of “crime as a social phenomena,” arguing that rehabilitative strategies “have on occasion become, and have the potential for becoming, so draconian as to offend the moral order of a democratic society.” He also worried that rehabilitation implied releasing those who have little risk of re-offending, but keeping high-risk criminals locked up so that they might be rehabilitated.

He wrote:“A middle-class banker who kills his adulterous wife in a moment of passion is a ‘low risk’ criminal; a juvenile delinquent in the ghetto who commits armed robbery has, statically, a much higher probability of committing another crime.

A sweeping review found no evidence that rehabilitation programs were reducing recidivism rates.

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Martinson considered the possibility that these findings suggest offenders should be treated outside the prison, but quickly dismissed that idea.

In their review, he and his colleagues found no evidence that treatment outside the prison was any more effective than treatment in prison.

He called it “an unexamined assumption” that is “about to lose its privileged status as the unthinking axiom of public policy.” In 1975, he went on 60 Minutes and reiterated this message.

Cullen says Martinson’s work was soon after “reified,” creating a widely accepted “nothing works doctrine” (Cullen 2005).

Foucault and the “new criminologists” gave rise to a new dogma that saw rehabilitation as “a case of good intentions corrupted for sinister purposes.” After that point, scholars spent little time studying how to make rehabilitation better.

According to Cullen (2005), they were “in fact cheering for showing that treatment programs did not work.”Instead, these reformers wanted to set clear sentencing guidelines and legal protections that would be codified in legal statutes.

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Are we going to put the first on probation and sentence the latter to a long-term prison?

”By the end of the summary, Martinson indicated that “nothing works.” Although he found a few instances of partial success, he nonetheless concluded that ”I am bound to say that these data, involving over two hundred studies and hundreds of thousands of individuals as they do, are the best available and give us very little reason to hope that we have in fact found a sure way of reducing recidivism through rehabilitation.”You might think this means that prisons simply need to do better rehabilitation, not forsake it all-together.

For instance, doing well in a prison’s educational programming or counselling made no impact on recidivism.

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