I see that David Cameron, the expert of experts on all things, has now swung the brilliant beam of his intelligence towards the problem of our prisons, and the political reporters, also experts on everything, have written about it.
Before we all swoon at his wisdom, I felt a few sceptical remarks might be justified.
I should start this article by pointing out what is widely forgotten, that limited terms in prison, as a punishment for crime, are basically a liberal and progressive idea They only quite recently replaced such things as enslavement or transportation for life, various forms of torture, or slow strangulation in front of a drunken mob followed by gibbeting. It was liberal progressives who designed utopian prisons in the 18th and 19th centuries. I agree that confinement is, if properly handled, a far better response to crime than such practices.
But prison can never be nice, and the only question that lies before us is in what way it shall be nasty. Currently, it is very nasty indeed, but for reasons of sloppiness , neglect and thoughtlessness rather than because anyone sees any purpose in this. oddly enough, very nasty people are the best-equipped to handle it and the least afraid of it in its current state. And its effect on our society varies between the dismal and the wholly useless.
Liberals should be more interested in their creation. Currently it is dying on its feet, and who knows what might replace it when both public and criminals realise that our criminal justice system has pretty much packed up.
Anyone would think there were only two valid positions on prison. The dumb slogan ’Prison works!’, chanted by fake conservatives, and the equally dumb claim that ‘prison is a good way of making bad people worse’, chanted by real liberals.
This is the most complete rubbish.
Almost nobody who goes to prison in Britain (apart from some homicides) is a first offender. I have tried and failed to get reliable figures on this, but they are not broken down in a way that allows me to do so. I would calculate that many have committed upwards of 30 crimes before they see the inside of a prison – the first 15 or so completely ignored by the police, the others dealt with by a long, long, ineffectual trail of non-deterrent non-punishments –civil penalties (for shoplifting) ‘restorative justice’, cautions, Penalty Notices, probation, fines (unpaid), community service orders (laxly enforced) , suspended sentences (not activated) and finally, in utter exasperation, prison.
‘Prison works’ in the sense intended, only during the (often very short) period for which the criminal is confined. After that he is let out again to make life a misery for his neighbours.
Both these slogans, interestingly were first used in this country by Tory Home Secretaries (Michael Howard and David Waddington) within a few years of each other. I suspect Mr Howard picked it up from the USA, as Michael Gove copied his description of the education establishment as ‘the Blob’ from the American conservative William Bennett.
In this non-debate between two ill-informed and thought-free positions, our prison get relentlessly worse in almost every way – suicides, violent deaths, drug abuse, inmate-on-inmate crime, and overcrowding, squalor and hopeless overcrowding. One report actually admitted some years ago that a prison in Lancashire was, by night, under the control of criminal gangs. I find it hard to believe that this is not now the case in parts of the system.
There’s also the unending tragedy of seriously mentally ill people (many likely to have become so after their use of illegal drugs whose possession is effectively uncontrolled inside and outside prisons) ending up in prison because our mental hospitals have no room for such people.
A parade of HM inspectors have repeatedly recounted this decline. Yet nothing ever happens. Governors of prisons, uniquely among public servants are also reasonably free to criticise the state of affairs there, yet it never, ever, gets any better.
And this overcrowding is despite nearly 50 years of kindly liberal regimes, police declassifying huge amounts of crime and ceasing to pursue it, courts declassifying huge amounts of crime and ceasing to try it, not to mention an increasing reliance on ‘restorative justice’, fines (unpaid) suspended sentences, sentences which are automatically halved as soon as they are passed, and all manner of early release schemes and tagging options, all aimed at keeping the prison population down.
Yet up and up it goes, now around 80,000 in England and Wales. My guess is that if it weren’t for all these desperate measures, it would probably be nearer 250,000, if not more. If all the people whose actions would have been considered imprisonable crimes in 1950 were locked up as they would have been then, we would probably need to turn a remote island into a penal colony to house them. If we had had the criminal justice system of 2016 in 1950, the prisons of that time would have been virtually empty.
14 years ago, while researching my least influential book ‘A brief History of Crime’ (and ‘least influential is saying something, when it comes to my books) I compiled a table of prison populations (it’ s on page 133 of ‘Brief History’ and page 144 of the revised paperback version ’The Abolition of Liberty’.
It recounts that the prison population first exceeded 70,000 in 2002 (when this figure was thought to be the outer limit of what was manageable).
To make sense of these figures, it necessary note that in 1911-12 the prison population in England and Wales was just under 20,000, fell substantially in the inter-war period, to around 11,000 in 1931 ( a period of great poverty, I might point out to those who claim that poverty causes crime) , and did not reach 20,000 again until 1950. By 1960 it had only managed to reach 27,000.
It is since that date, like most of the more baleful statistics in our society, the numbers have risen with great speed, not explicable by rises in population or other such factors. By 1970, it had reached almost 40,000. By 1990, it had passed 45,000. In 1999, it was nudging 65,000.
And the key thing in all this is that the greatest rises came in the era when the police and courts were making the greatest efforts to send fewer people to prison, and to let them out sooner.
There will always be talk of ‘rehabilitation’ in these discussions. I know of no evidence that anyone has been ‘rehabilitated’ by prison, a nasty totalitarian concept anyway. Criminals are usually young men, who eventually get too old to fight and run away, and so drop out of crime. This does not represent a change of heart, but rather a change of lungs
Others, often serving long sentences and keen to get out, win their parole, and sometimes even job offers, by syrupy conversions to Christianity or similar untestable declarations of supposed remorse and promises that they have mended their ways. Or they become ‘educated’ , not usually in hard subjects. You may take this or leave it. I am not wholly convinced.
To work, prison needs to be rock-hard, punitive, austere, not brutal or callous but a regime of total authority, hard physical work and dull food, deprived of pleasures except when these are allowed as special privileges for the well-behaved, controlled by the authorities rather than by the inmates, drug-free, and encountered early in a criminal’s career.
Long sentences, which I emphatically do not favour, are quite unnecessary in most cases. Six months of a proper prison should be enough to instil a strong desire never to return there in any rational person. I should add that in such a prison the intimidation of one inmate by others would be made virtually impossible.
This regime It might well deter the prisoner(though cannot be guaranteed to do so as some criminals really are incorrigible) but it will certainly deter his criminally-inclined friends, who will see what has happened to him and seek to avoid it. It is these people, deterred by the prisons of the pre-1960 period, who are now not deterred and who are responsible for the great and uncontrollable rise in crime in this country.
Of course, these ideas will not be taken up. As with all my other sensible prescriptions for this country, I know they are impossible in a country ruled by the egalitarian, relativist dogma which has triumphed everywhere. They conflict with the overriding modern belief that crime is a disease caused by conditions and upbringing, and that we are not responsible for our actions. But I mention them to point out that there is in fact an alternative to the stupid, unproductive pseudo-clash between ‘prison works’ and ‘prison doesn’t work’, which is all you’ll get elsewhere.