Introduction
Correctional reforms are an important part of the criminal justice system. The reforms can reduce recidivism or have the opposite effect depending on its implementation based on cultural beliefs. Every region of the world has its unique philosophies. Despite changes in political paradigms, the cultural values find their purpose even in the new laws. Eventually, all penal systems aim to achieve an intolerance for criminal behavior from their respective civilian population. The success of any reformist drive must have the potential to derive a law that will work for the entire community. Although this criterion might seem difficult, it is possible to prevent criminal behavior by tapping on the cultural beliefs of the people.
Three popular theories in criminology
There are three popular criminology theories that find substantial following in the European Union. These theories helped the nations in this region to build their penal systems. Unlike the individualistic theories sought after by American criminologists, these theories relate to the entire society.
Theory of restorative justice
This theory approaches the crime while considering the needs of all the players involved; the victim, perpetrator, law enforcement, and the society. This theory if applied in a criminal case will allow the victim to explain the consequence of the crime and the complications that arise from it. The victim will address the issues to the perpetrator. The defendant will have the same opportunity to explain his situation in court and underline the circumstances that led to the crime. In recent times, the use of this theory reduced recidivism in the United States and European Union (Siegel, 2010).
Theories of social structure
Social structure theories are a subset of theories that determine the reasons on how society contributes to the birthing of criminal activity. The theories focus on the demographics, economic position, cultural compulsions, and evaluating opportunities. The subset theories are social disorganization, social ecology, strain theory, subcultural theory, and control theories (Siegel, 2010).
Classical school
Classical school theories indicate that an individual’s decision to engage in a criminal act is the result of various factors that the subject may or may not control. It defined the reasons for criminal activity, introduced the concept of rational thinking behind every crime, the use of swift resolution of cases and case closure for crime deference, and introduced incarceration as a serious form of correctional practices. Two notable criminologists who worked on these theories are Cesare Beccaria, and Jeremy Bentham. Classic school theories reformed penal systems in the United States and Europe (Siegel, 2010).
Mitigating factors influencing policy changes in penal systems
Policy changes pertaining to penal systems are often the result of the manifestation of certain factors. They could be economical, cultural, or circumstantial. The exploration of five regions namely, North America, European Union, Middle East, Asia, and Africa for particular trends should reveal the vital statistics of the subject.
North America
The first shift in policy for the penal system dates back to the colonial days. The King of England imposed harsh taxes and proposed a series of punishment involving imprisonment. The American colonies refused to entertain the new taxes and as a result, the rebellion that followed led to the formation of the United States of America. The position taken by the British in penal law at this stage was a result of experience. The colonialists enjoyed significant success in using this strategy in other parts of the world. However, the strategists did not count on the cultural values of citizens on the American continent.
The influence of churches in Northern parts of America viewed the British as an oppressing force. Although all the inhabitants in this region came from the European continent and Great Britain, unlike the Asians or Africans, they did not conform to the ideology that the King of England was the supreme authority over their lives. The next major shift in the penal system came into effect when the once enslaved African American community became free. The biblical emphasis on slaves and masters engulfed North American beliefs that the freeing of slaves or the idea of paying them an equal wage as unacceptable. This is the reason why African Americans remained free in the Northern states long before the Civil war. Yet, the belief that the Caucasian community was a superior race still creates divide. The sentencing of African Americans is not always fair or ethical in this region (Alexander, 2010).
The final aspect of policy change in penal systems is circumstantial legislature. North American policy makers are famous for creating new laws when tragedy strikes. The origin of the Megan's Law is an example. Despite the nature of the law, the passing of the ordinance itself exhibits American cultural values in protecting children. Moreover, careful introspection will indicate that the American penal system has the most comprehensive objectives in protecting the interests of young children. The Biblical references to young children played a real part in many of the programs for children in the penal system (Darkness to Light, 2013).
European Union
The European Union comprises of nations that once served under a dictatorship or remained loyal to the tenets of the church. The concept of rehabilitation is nonexistent with dictators. Hence, the nations’ policies lean towards this practice. In addition, the concept of redemption originates from the Biblical belief of salvation and second chance. The change in cultural behaviors first manifested in the 1960s after American television entertainment became available in this region. The generations of later years identified with the concept of “zero tolerance towards crime”. They find their identification with their liberators, the Americans (Cavadino, Cavadino, and Dignan, 2005).
The shifts in policy in the area of penal law does not necessarily advocate progress, it only represents compliance. The demand for stricter laws in the European Union member nations gained prospective when the Americans were battling the crack cocaine epidemic. The laws of sentencing progressed to segregation between lesser criminal acts and serious criminal acts came into effect almost the same time when the US federal law required a minimum jail sentence for firearm possession.
Despite all these changes, judges and prosecutors do not pursue harsh punishments for defendants on account of their cultural belief in restorative justice. This belief finds validation in some of the finest prison complexes in the world and not surprisingly, all of them are in Europe. Across Europe, the penal system will allow citizens multiple opportunities for rehabilitation and reentry into society. The aim of all the penal systems is to correct erring citizens and help them to contribute positively towards the economy (Cavadino, Cavadino, and Dignan, 2005).
The common denominator as criminal activity throughout this regions is illegal immigrants. Most of the nations do not entertain immigrants irrespective of their plight. Illegal entry into these nations usually invites stiff penalties. The contribution percentile of immigrants is a steady twenty percent across the region. Hence, foreign prisoners form a significant base in prisons situated in the European Union (Cavadino, Cavadino, and Dignan, 2005).
Middle East
The penal law in the Middle East is often in the control of the High Order of Clerics. Religious tenets govern this part of the world entirely. The Shariat Law finds implementation throughout this region including nations that are supposedly westernized. Some of these nations have two different laws and the Shariat Law will take its course irrespective of what the federal law decides. For example, if the federal law is lenient towards a tourist who inadvertently, photographed ethnic women in a marketplace, the Shariat Law will impose a sentence.
The Shariat Law drives severe punishment even for small violations including the recent decree to behead Abdullah al-Zaher, a fifteen year old who participated in a peaceful protest. This law does not limit its sentencing to the natives of the region. The Fatwa is the death sentence issued according to this law. Noted author Salman Rushdie faced a Fatwa dating back to the 1980s when he published the book titled, “Satanic Verses”. The United Kingdom faces a difficult situation with one of its citizens (Karl Andree) facing a whipping sentence of 350 lashes for possession of homemade wine. Despite their business ties with the entire Western civilization, the oil-rich Saudi Arabia remains without any pressure from the international community (Kirkup, 2015).
Asia
The penal systems in Asia differ based on cultural values and religious beliefs. It is common practice for multicultural nations to have a variety of concessions in prisons to accommodate the tenets of different peoples. The Chinese incorporate a military based penal system that is cruel and unjust for the most part. The wrongfully convicted in this nation do not stand any chance for successful appeals. The cases often close with the confession of the defendant extracted through torture. The Japanese penal system is both corrupt and inhumane. They adorn the cloak of a western civilization and yet, they still follow crude traditions of the Shogun civilization. India has one of the largest number of under trials languishing in their prisons. The overcrowding and lack of adequate requirements make these jails the worst in Southern Asia. In all the countries discussed, cultural values take center stage (Chiba, 2013).
Africa
African penal systems are the remnants of laws left behind by their colonialist rulers. Hence, they are on par with the rest of Western Civilization. However, their lack of resources and inability to implement the letter of the law in defiance make African prisons the worst place to live. The prison system allows long and short sentences depending on the nature of crime. In addition, the implementation of the death penalty by a firing squad is fairly common. The real issue in Africa is that their once oppressing rulers set the law. Hence, it is difficult for judiciary to uphold the tenets without prejudice. Some nations that incorporated their own laws like Zimbabwe, turned against the civil rights of the now minority population that descended from the European oppressors. African laws in protecting wildlife are severe when compared to those protecting the rights of civilians in some nations. African cultures often relate to the wildlife around them for the mainstay economy through tourism and it is not surprising to find such laws in this region (Richardson III, 1972).
References
Alexander, M (2010). The New Jim Crow: Mass Incarceration in the Age of Colorblindness. New Press. New York: NY Pp. 1-19.
Cavadino, M., Cavadino, M., and Dignan, J (2005). Penal Systems: A Comparative Approach. Sage Publishers. Thousand Oaks: CA. Pp. 113-168.
Chiba (2013). Asian Indigenous Law. Routledge. Abingdon: UK. Pp. 81-260.
Darkness to Light Staff (2013). Child Abuse Protection Laws. Retrieved from: http://www.d2l.org/site/c.4dICIJOkGcISE/b.8015209/k.95B3/Child_Abuse_Protection_Laws.htm
Kirkup, J (2015). 350 lashes for a British grandfather is the cost of doing business with Saudi Arabia. Retrieved from: http://www.telegraph.co.uk/news/worldnews/middleeast/saudiarabia/11928433/350-lashes-for-a-British-grandfather-is-the-cost-of-doing-business-with-Saudi-Arabia.html
Richardson III, H. J. (1972). African Penal Systems, by Alan Milner. Indiana Law Journal. 47 (3), Pp. 593-600.
Siegel, L. J. (2010). Criminology: Theories, Patterns, and Typologies. Cengage Learning. Belmont: CA. Pp. 96-118, 176-210, and 244-265.
