Michael Focault and his thinking of penitentiary law
The prison has not been deprivation of liberty from the beginning with a technical correction function; Initially it was considered a ‘legal detention’ with a corrective supplement, in other words, a company modification of individuals that deprivation of liberty allows to operate in the legal system.
Complete and austere institutions. The form and constitution of prisons have varied throughout history. Foucault, conceptualized prison as a corrective strategy oriented to domain over inmates, distinguishing based on the severity of crimes to give each one equal punishment in proportion to their crimes. The individual cannot be allowed to be sentenced to light penalties to be locked in the same place as the criminal sentenced to more serious penalties and also differ inmates, especially minors, called in their day, correctional. Prison must deal with all aspects of the individual, his physical education, his ability to work, his daily behavior, his moral attitude, his dispositions.
A distinctive element of prisons is isolation, which gives the opportunity to reflect on the committed to achieve regret. The latter, in addition to reforming the consciences of the inmates and preparing them for the correction techniques that will be used.
Control over the activities of inmates is essential to modify their thoughts, from assigning time to sleep, eat and bathe. This generates an effect of domain and hierarchy that will subsequently serve to re -adapt to society.
Illegalism and crime. In addition to the isolation suffered by the inmates, the penalty of being tied to heavy chains and strolled in the prison was added pretending to specify the work of correction of the inmates by pushing them again to think about their redemption.
But the reality is that prisons do not decrease the rate of crime, it can extend it: "crime is the revenge of prison against justice". The arrest causes recidivism. After having left prison, there are more likely to return to it, therefore, instead of returning freedom to corrected individuals, hazardous criminals inserted into the population. Foucault states: “The prison also manufactures criminals by imposing the detainees of violent coercion; It is intended to apply the laws and teach to respect them; Now, all its operation develops on the mode of abuse of power. Arbitrariness of the administration: ‘The feeling of the injustice that a prisoner experiences is one of the causes that can make their character indomitable.
When he is thus exposed to sufferings that the law has not ordered even provided, he falls into a usual state of anger against everything that surrounds him; He sees only executioners in all agents of authority; He does not believe that he has been guilty: he accuses his own justice.”It is concluded then that prison makes possible, even more, it favors the organization of a media of criminals, supportive of each other, hierarchical, willing to all future complicities. Therefore, they propose the following principles to apply them in the prisons: a) Principle of correction. b) Classification principle. c) Principle of penalty modulation. d) Principle of work as obligation and as a right. e) Principle of penitentiary education. f) Principle of technical control of detention. g) Principle of annex institutions.
Penality would not compress illegalisms, rather it would differentiate them. Foucault, developed the political dimension of popular illegalisms in two ways: until then localized practices and somewhat limited to themselves. The other, the first workers and peasants were gestated at the beginning of the 19th century, which were against the new regime of legal exploitation of work. From those illegalism, the increase in violence, aggressions, robberies, looting is derived. The prison, when failing apparently, does not stop reaching its object, which achieves, on the contrary, to the extent that a particular form of illegalism raises in the midst of others.
The prison. Prison.) that serves for the transformation of the presidkets into correct individuals who do not reincidate in their offenses. Foucault states that it has been seen that the prison transformed, into criminal justice, the punitive process into a penitentiary technique, the prison, gives rise to a recruitment of large criminals. The prison system has regulations that reproduce laws, sanctions that mimic verdicts and penalties. Finally, the prison system is consolidated as the instrument of punishment that is more consistent with the "new economy of power". Its panoptic operation has been the simplest but more necessary tool that develops the exam activity, which has objectified human behavior.
Conclusions
Perhaps today we are ashamed of our prisons, but in the 19th century they felt proud of the strengths they built in the limits and sometimes in the heart of the cities, replacing the pantibulos. The body is no longer punished, but the soul is corrected. The recurring practice to enclose to correct, as is currently conceived to individuals and make them "docile and useful".
The evolution that Spanish prison right has followed after so many years has completed in this new system of scientific individualization, thanks to which a personalized study of each punishable has been carried out, classifying them according to their personality and their needs. Thanks to this new system, in which both separation and prison treatment by degrees governs, greater control has been achieved within prison establishments, trying to achieve a primary purpose: the total social reeducation and reintegration. However, the offender, especially in certain crimes, is statistically demonstrated that recides, so we must question ourselves if the system that is being followed to re -educate the punishes is the right.
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