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Pepperdine Law Review

Making More Effective Use of Our Prisons Through Regimented Labor

Stefanie Evans

 

Abstract

This Comment suggests that if the American prison systems adopt the policies and procedures of particular prisons which are successfully rehabilitating offenders through labor, these practices would serve to reduce the recidivism rate by either actually rehabilitating offenders or at least making prison life more undesirable than living in society according to lawful bounds. Part I of this Comment briefly looks at the history of the American incarceration system and suggests why the modem prisons are not rehabilitating prisoners. Part II analyzes the United States Constitution's requirements for prison conditions and policy requirements, and briefly analyzes how present conditions may be violative of the Eighth Amendment prohibition against cruel and unusual punishment because of the havoc wreaked upon human dignity. Part III presents various modern prison systems which have adopted strict discipline procedures and maintain a strong emphasis upon prisoner work, and suggests that these procedures should be adopted because they serve to rehabilitate the offender and thus reduce recidivism.