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Which country founded community corrections?
The idea of ??community corrections can be traced back to the European Renaissance in the 16th century. Accompanying the European Renaissance movement was the understanding and respect for human dignity and value. At the same time, under the influence of this thought, Europe also produced the modern incarceration system. The London Reformatory School in the United Kingdom and the Amsterdam Prison in the Netherlands became An example of an early European prison. The function of these institutions is to correct people who are capable of working but are lazy and disrupt social order. Through training, these people can live a self-reliant and law-abiding life. In these institutions, training and education in labor and orderly living replaced the execution of punishment. There was a banner on the gate of Pinhaus Prison in Amsterdam at that time, which is the best testimony of this corrective thinking: "Don't be afraid! I am not retaliating with tooth, but forcing you to do good. My wrist is iron, but my heart is full of kindness." This may be the earliest prototype of the community correction system. However, without the corresponding theoretical basis and guarantee system to support it, these institutions gradually lost their original correction functions and had turned into a place of horror by the 18th century.
The Classical School of Penalty emerged in the 18th century. Scholars of this school no longer use correction methods to replace the punishment that should be applied to the victim. Instead, they are based on absolute freedom of will and explore what should be added to the punishment. The amount of punishment for the person being punished in order to achieve justice. “In the penalty theory of the classical criminal school, there is only the concept of punishment but not the concept of correction. During this period, the academic thought of the Criminal Classical School dominated the penalty thought and corresponding legislation, and achieved certain effects in containing and combating crime.
However, by the end of the 19th century, with the increasing number of crimes and the increasingly serious phenomenon of recidivism and habitual offenders, the penalty ideas of the classical criminal school began to be questioned and reflected on by people. In order to effectively suppress crime and defend society, the criminal positivist school came into being, represented by Lombroso and Fili. From now on, it seems that their concept of correction still has certain limitations, and is limited to correction in prison. During this period, the United States began to advocate the use of the parole system. From 1876, the Amyra Reformatory in New York State began to implement parole. By 1910, every federal prison began to establish a parole board. However, the outbreak of World War II hindered criminal operations
The development of the positive school's thought on correction.
After the end of World War II, with the rapid economic development of capitalist countries, the disadvantages of imprisonment gradually became apparent in this era. The main manifestation is that after criminals are released from prison, they cannot adapt to social life, resulting in an increasing rate of re-offending. People are worried about this. They are worried that when criminals return to society, because they do not have the necessary survival skills, they will turn to crime again and become more cunning and rampant, leading to a general lack of sense of security for the general public. As a result, scholars began to turn their attention from prisons to the community, and shifted their attention to the correction of criminals. As a result, community correction systems such as probation and parole began to become important execution methods. As Article 2 of the German Criminal Code stipulates, execution should enable the imprisoned person to adapt to social life. The Austrian Penal Code stipulates that imprisoned criminals should be helped to "change their behavior and live a life that meets the requirements of the law and society." French scholars believe that punishment should have the function of social readjustment, and punishment that promotes criminals to adapt to society embodies the idea of ????low cost, high efficiency, and more humanity. Finnish scholars advocate that correctional institutions should "facilitate rather than hinder prisoners' reintegration into society, and incarceration institutions should reduce the adverse effects of imprisonment."
Accordingly, from the perspective of socialization of execution, the historical origin of community correction is not very recent. Judging from the emergence and development of probation and parole, the two most basic community correction methods, they only have a history of more than a hundred years. It was not until after World War II that the concept of community correction for prisoners began to be absorbed and valued by people, and countries around the world began to study the theories and legislation related to community correction. Since the middle of the 20th century, the application of penalties in various countries around the world has begun to enter a stage where non-custodial sentences are the mainstay, moving towards lighter sentences. In 1954, the American Prison Association changed its name to the Corrections Association as a symbol, highlighting the Important changes in the thinking and practice of punishment in Western developed countries. As a component of the modern penal system, community corrections are generally recognized by countries around the world as beginning with the British Criminal Justice Ordinance in 1972.
In 1973, the United Kingdom created the "community service" penalty type in the Criminal Court Powers Act. This title was the earliest law to use community correction as one of the forms of criminal rehabilitation. The United Kingdom is the origin of community correction. It soon affected all of Europe.
Although European countries did not have a unified understanding of the use of community corrections to replace short-term prison sentences in the 1970s, this did not prevent these countries from introducing community corrections into their respective penal systems. among. In 1976, the Council of Europe passed the "Resolution on Penalty Methods as Alternatives to Imprisonment." The resolution called on European countries to update their penal concepts and strive to explore more efficient incarceration measures compared to imprisonment. The resolution pointed out that community corrections It is an effective system and measure in line with the development trend of world punishment. It is precisely because of the promulgation of this resolution that community corrections as an alternative to imprisonment have been accelerated and completed in legislation in many countries that are member states of the Council of Europe.
Community corrections in the United States started later than in the UK. Correctional projects in the modern sense did not appear in California until 1966, and were mainly implemented for traffic violators who were unable to pay their traffic fines. Subsequently, many states have successively established community service projects to enable criminals to earn money to compensate victims through public welfare work. In 1973, the Minnesota State Legislature in the United States passed the world's first "Community Corrections Act." In 1984, the United States enacted the Comprehensive Crime Control Act. With the implementation of this act, the scope of community corrections was once again expanded. So far, more than twenty states in the United States have passed community corrections laws.
As the representative of the civil law system in Japan, the idea of ??community correction in Japan can be traced back to the Meiji Restoration in 1868. In 1922, Japan's Juvenile Law adopted measures such as probation and juvenile correctional institutions to protect juvenile offenders, and allowed volunteers who treated criminals to participate in such activities. After World War II, with the comprehensive revision of juvenile law, Japan's use of parole and probation systems for adult offenders was established. The probation system for adult offenders was established in the Criminal Law Amendments in 1953 and 1954, and a unique system was developed. Rehabilitation protection is a treatment system within society, its scope includes offenders, criminals and people released from prison①.
Currently, community correction has become an important form of punishment and rehabilitation for criminals in many countries around the world. The United Nations and its relevant affiliated organizations, on the basis of summarizing the experience of non-custodial punishment in various countries, adopted the "Standard Minimum Rules for the Treatment of Prisoners" at the United Nations Treatment Conference held in 1955; and adopted it at the 21st United Nations General Assembly in 1966. International Covenant on Civil and Political Rights; in 1980, the Sixth Congress on the Prevention of Crime and the Treatment of Offenders adopted a report on "Reducing Correctional Incarceration and Its Impact on Remaining Prisoners". The United Nations Standard Minimum Rules for Non-custodial Measures (Tokyo Rules) were adopted at the United Nations General Assembly on December 24, 1990. . The "International Cooperation to Reduce Prison Overcrowding and Promote Alternative Penalties" adopted at the 44th plenary session of the United Nations Economic and Social Council on July 28, 1998 also involves community services, and is listed in Annex 1 "Cado The specific implementation plan of community services is introduced in detail in the "Kadoma Community Service Declaration" and the appendix "Cadoma Community Service Declaration Action Plan". These documents all emphasize the necessity and importance of community correction and have become a booster for the development of community correction. According to statistics from the Crime Prevention Institute of the Ministry of Justice, in 2000, Canada had the highest proportion of probation and parole, reaching 79.76%, Australia 77.48%, New Zealand 76.15%, and France 72%. . 63%, the United States is 70.25%, South Korea and Russia are lower, but they have reached 45.90% and 44.48% respectively. Criminals in major countries in the world have been in community corrections. More than the number of people imprisoned. This set of data fully illustrates the historic transformation of the dominant ideology of punishment in various countries around the world from imprisonment to non-imprisonment. Community corrections, a method of execution of sentences, has gradually been widely used by countries around the world.
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