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Challenges of Clinical Psychology and Penitentiary System: Recidivism
versus Reformation

Authors
Hena Fatma1, Dr Munawwar Husain2
1MA (Clinical Psychology) , PG Dip in Criminology and Criminal Administration , Ph.D (Scholar)
Research Scholar, Department of Psychology , Aligarh Muslim University, Aligarh , India
2MBBS, MD, BND, MNAMS, PG Dip in Criminology and Criminal Administration
Professor, Fmr Medical Superintendent & P rincipal, School of Nursing , Department of Forensic Medicine ,
Aligarh Muslim University, Aligarh , India
Corresponding A uthor
Hena Fatma
Email: [anonimizat], Mobile No.:07080553954

Abstract
Worldwide, prison system has been established to in incarcerate offenders with two fold objectives. One to
segregate the convict from the society, and two to give him sufficient time to pore over repeatedly about his
misdeed and demonstrate amplified inclination to reform himself. Since time immemorial pris on system has
been adjudged to be reformative in nature. Put plainly the convict as a criminal should be put behind bars.
However, studies have demonstrated that with the current punitive system the rate of recidivism is quite high
which indicate that the penitentiary system has failed in its objective. New experiments were done to tone up the
prison and let the prisoners contribute better and fully in the society. As an alternate mechanism the open jail
system was mooted. In this paper the author has under taken a contrasted analysis between rate of recidivism in
high security prison and relatively open system of incarceration. Bolivian prison system is supposed to be most
relaxed system in this world. Therefore, in the current paper this prison system would be examined and quoted.
Keywords: Penitentiary system, open jail, retributive, reformation, Bolivian jail system

Background of the study
‘‘Crime is the outcome of a diseased mind and jail
must have an environment of hospital for
treatment and care. ’’ (Mahatma Gandhi )
Indian prison system and high security
One of the main objectives of incarceration, right
from the inception of this concept in a sovereign
state, was to curtail the liberty of movement and the freedom of initiative of a person, if he was
found to have violated the established law of the
land and authority to change the current prison
laws and rules and regulations in Indian prison
system .[1] Prisons took shape as institutions of
state retribution as a natural outcome of the
mater ialization of this objective. Resultant
segregation of offenders f rom the society, and the www.jmscr.igmpublication.org
Impact Factor 5.244
Index Copernicus Value: 5.88
ISSN (e) -2347 -176x ISSN (p) 2455 -0450
DOI: http://dx.doi.org/10.18535/jmscr/v4i6 .05

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obligation of prison guards to restraint their
movement against escape from lawful custody,
constrained the architects of prison buildings to
burden them with high walls, narrow galleries,
labyrinths, shutters, locks, chains, fette rs,
shackles, cells and places of solitary confinement.
This physical structure of prisons and the archaic
rules of management of these punitive institutions
endowed them with a cover of obscurity in which
fundamental human rights could be unofficially
violated and officially denied. There were no
windows and curtains which may be lifted up and
notice what had been going inside the prison.
Prisons grew to be places of low visibility where
inhuman and even cruel conditions could prevail.
The possibility of i nflicting injury and injustice on
inmates always lurked in these closed institutions.
State supervision over day -to-day happenings
within such institutions became a mere formality
and the surveillance of the society was
conspicuous by its absence.
In spite of the fact that prison system has, during
the past some decades, undergone a massive
change both in its objectives and in its physical
structure, the basic character of prisons – as
closed institutions with little public scrutiny –
continues to this day.
The need for non -government intervention in
prisons was recognized as early as 1894 when the
Prisons Act accepted that a system of visitors
would be of value in providing humanitarian aid
to prison inmates secluded from the society. The
Cardew Committee appointed by the British
Government in that year devoted a whole chapter
to making this system more effective and
efficacious. [2]
As a result the concept of non -government
intervention in the management of prisons was for
the first time conceived in The Prisons Act of
1894. Although this concept did not find place in
the body of main provisions of the Act, but in
Section 59, which sp eaks of powers to frame rules
consistent with this Act, the State Governments
were empowered to make rules for the
appointment and guidance of visitors of prisons in sub-section (25). The present provisions for
official and non – official visitors in Prison
Manuals of various states are the result of this
sub-section (25) of section 59 of The Prisons Act
of 1894.
The first comprehensive work of studying the
prison conditions and of making remarkably
suitable recommendations for the reformation of
both pris on was undertaken . Prison is just one of a
number of sanctions able to use the courts to deals
with those who commit criminal offen ces.
Imprisonments today is ably the harshest sanction,
but this has not always been the case. The first
19th century represe nted a watershed in the history
of state punishment. Capital punishment was now
regarded as an inappropriate sanction for many
crimes. The shaming sanctions, like the stocks,
were regarded as outdated. By mid -century,
imprisonment had replaced capital puni shment for
most serious offences except for that of murder.
The 19th century was seen the birth of the state
prison. The first national penitentiary was
completed at mill bank in London, in 1816. [3] It
holds 860 prisoners, kept in separate cells, and
although associated with other prisoners they were
allowed was allowed to intermingle during the
day. Work in san Pedro prison was mainly
centered on simple tasks such as picking ‘‘coir’’
(tarred rope) and weaving.
In 1842 P enton Ville prison was b uilt using t he
Panoption design; this prison is still used today. [4]
That prison considered the risk factors of suicide
in prisoners. Suicide is often the single most
common cause of death in correctional settings. It
is the third leading cause of death in U.S. prisons
and the second in jails.[5] Its rate in prisons ranged
from 18 to 40 per 100,000 during the past three
decades. [6,7,8 ] Jails and prisons are repositories for
unprotected groups that are traditionally among
the highest risk for suicide. Few risk fa ctors may
be common to both the general public and
prisoners. But there are many factors related to
suicide in prisons. Being imprisoned is itself a
stressful event for even healthy inmates as it
deprives the person of important resources. This

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background of the study is I ndian prison system
high suicide rate. And then identifies the pattern
and occurrence of its risk factors. Its seen that
prison inmates have higher suicide rates than their
community counterparts, [9] and there is some
evidence that rates are increasing even in places
where the numbers of prisoners are decreasing.[10]
Pretrial detainees have a suicide attempt rate of
about 7.5 times, and sentenced prisoners have a
rate of almost six times the rate of males in prison
compared to that of general population.[11] The
suicide rate is higher within the offender group
even after their release from prison.[12] In Indian
prison system,suicide data from prisons is sparse.
Tihar is the central jail of India with the inmate
population of a round 13000 at any given time .
When prison data of last 10 years reviewed, it
secreted that one complete suicide occurred every
year except in the year 2004 and 2010 when four
suicides occurred in each year. In the current year
two ‘completed’ suicides have been reco rded in
four months. Most probably suicide rate has
increased over last year. Reason behind this may
be ongoing stress related to court proceedings and
anticipation of unfavorable outcome of trial. But
the parasuicides in prison is generally categorized
as non-lethal self -injury, and self – harming similar
to self -mutilation. All self -harming acts may be
seen on a continuum of severity, not as distinct
problems, since the motivation for self -injurious
behavior is the same for both attempters. A nd
many attemp t suici de before they are
success ful.[13] Some inmates attempt suicide with
no intention of ever completi ng the act, while
others thinking of using more lethal methods until
they are successful .
In general, prior suicide attempts accentuate the
risk of suicide in future . From 45 – 63 % of
inmates who commit suicide have attempted it
before.[14],[15]
Risk factors:
Risk factors such as drug abuse, unemployment,
interpersonal conflicts, harassment by the prison
staff, and mental illness are comm on in the
general public and p risons. There are following some risk factors related to prisons related and
clinical disposition .
Socio -demographic factors
Studies carried out have demonstrated more than
half of all inmates who commit suicide in prisons
are between 25 and 34 years of age. [16,17 ] They are
often single with no job or family support. Very
young prisoners (below age 21) are especially at
risk factors. In fact, the suicide rate among
juvenile offenders placed in adult detention
facilities almost eight times greater than the rate in
juveniles housed in j uvenile detention facilities.
[18] Upper socioeconomic status and high degree
of social and family integration before
incarceration increase the risk of suicide in
prison.[19]
Clinical factors
Psychiatric disorders
There are psychiatric disorders among suicidal
inmates ranging from 33 -95 %. [20] Depressive
disorders are more related to suicide than other
psychiatric illness. [21] Depression, hopelessness
and helplessness seem to be the two most
common psychological states at the time of a
suicidal act. [23] Hopelessness and suicide have a
stronger correlation than do depression and
suicide. Ivan Pavlon and Carl Jang [24] developed a
multivariate model to suicide by inmates studying
the relationsh ip between depression, helplessness,
hopelessness, social desirability and other factors.
Anxiety experienced by inmates at sometimes of
incarceration, particularly on entry into the prison
or just before release, may act as a risk factor .
Personality diso rder and psychosocial stressors
Antisocial personality disorder is common to
suicide risk factor. And Borderline personality
disorder increases the risk for suicide attempts and
completions due to poor interpersonal ability,
impulsivity, and affective instability. Impulsive
suicide attempters under intoxication are more
than common among arrestees. [25] Psychosocial
stressors like marital separation, divorce, [26] or
death of a loved one may precipitate serious
suicide attempts. A prisoner is not usuall y able to
participate in rituals associated with the funeral of

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a loved one. Loss or absence of one or both
parents for more than 12 months before the age of
15 is rel ated with attempted suicide. [27] Other risk
factors include losing contact with one’s ch ildren,
inability to communicat e due to language barriers.
[28] Other risk is that substance abuse influence of
an illegal drug heightens the risk of self – harm f
self-harm.[29] The risk of suicide is more than
highest opiate dependents who also have
psychiatric disorders. However, when drug
abusers are incarcerated, the en suing forced
abstinence and no having coping skills due to
years of dependency may precipitate suicidal
thoughts .
Trial status related factors
Pre-trial inmates
Pre-trial inmates who commit suicide are
generally young (20 -25 years), unmarried male
and first time offenders who have been arrested
for minor, usually substance related, offences.
They are typically intoxicated at the time of their
arrest and commit suicide at an early stage of their
confinement, [30]. A second period of risk for pre –
trial inmates is near the time of a court
appearance, especially when a guilty verdict and
harsh sentencing may be anticipated. A great deal
of all jail suicides occurred within three days of a
court appearance. [31]
Sentenced Prisoners
The sentenced prisoners who commit suicide in
prison a re generally older than 30 -35 years ,
violent offenders, and usually committing suicide
after staying for long time in custody. (Their
suicide may b e related to institutional conflicts
with other inmates or with the administration, a
family conflict or breakup, or a negative legal
disposition such as loss of a denial or appeal.
Incarceration is loss of freedom, loss of family
and social support, fear of the unknown, fear of
physical or sexual violence, uncertainty and fear
about the future, and guilt over the offence, and
fear or stress related to poor environmental
conditions.
We can say that the United States has less than 5
percent of th e world's po pulation b ut it has almost a quarter of the world's prisoners. Actually, the
United States leads the world in producing
prisoners, a reflection of a relatively recent and
now entirely distinctive American approach to
crime and punishment. Americans are loc ked up
for crimes — from writing bad checks to using
drugs — that would rarely produce prison
sentences in other countries. And in particular
they are kept incarcer ated far longer than
prisoners and other nations. [32]
Criminologists and legal scholars in other
industrialized nations say that they are mystified
and appalled by the number and length of
American prison sentence.
India , which is four times more populous than the
United States, is a distant second, with 1.6 million
people in prison. (That numbe r excludes hundreds
of thousands of people held in administrative
detention, most of them in Indi a's extrajudicial
system of re -education through labor, which often
singles out political activists who have not
committed crimes.) [33]
Criminologists and leg al practitioners here and
abroad views to a risk factors to explain America's
extraordinary incarceration rate: higher levels of
violent crime, harsher sentencing laws, a legacy of
racial turmoil, a special fervor in combating
illegal drugs, the American t emperament, and the
lack of a social safety. Even democracy plays a
role, as judges — many of whom are elected,
another American anomaly — yield to populist
demands for justice. Whatever the reason, the gap
between American justice and that of the rest of
the world is very large and growing.
"In no country is criminal justice administered
with more than mildness in the United States,"
Alexis de Tocqueville, who toured American
penitentiaries in 1831, wrote in "Democracy in
America."[34] Nowadays, the state prison systems
in the United States do not act as efficient
systems. As an example of, they act as detention
centers that only serve to house offenders in
between crimes. I believe that the main reason for
the high rates of recidivism in prisons can be
pointed to a relation with the high rates of mental

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disease and mental illness in criminal offenders;
the terms of imprisonment serve to intensify
mental illness and induce psychological pains, and
reducing the ability of offenders upon release to
become cont ributing members of society. As a
result, once an offender is no longer incarcerated
the way of life he/she knows is a return to their
former deviant behaviors. This research will help
to create a larger, and much necessary for
psychology within the walls of the criminal justice
system, and, will also serve to decrease recidivism
rates in the community. [35]
It is my point of view that the criminal justice
system is in need of reformation. The government
prison model is give one of the better serviceafter
incarceration. While government prisons
undoubtedly necessary to undergo some
reformation, it is not as dire as require for
reformation in the state prison system. I would
like to lay out a plan for the Bolivian san Pedro
prison system that amplifies the g overnment
prison system’s small scale ideas into ones that
can reach thousands of offenders, and prove that
community support can be garnered for such a
prison. The Bolivian prison systems, is the largest
prison in La Paz, Bolivia renewed for being a
socie ty within itself. Significantly different from
most correctional facilities, inmates at san Pedro
have jobs inside the community, buy or rent their
accommodation, and often live with their family
members. The sales of cocaine base to visiting
tourists give s those inside an important income
and an unusual amount of freedom within the
prison walls. Elected leaders enforce the law of
the community, common though stabbing. The
prison is have to approximately 1,500 inmates
(not including the women and children t hat live
inside the walls with their committed husbands),
with additional guest staying in the prison hotel.
[36,37 ] and then creation of vocational and job
training programs during incarceration, a
reformed education system, a shift in the
allocation of funds from education to a budget for
parole officers and community treatment centers,
and a creation of an Employmen t opportunity Community. While it will be challenging, in the
long run I feel it will prove to be hig hly effective
for the Indian Prison Sys tem. But – Due to lack of
governmental resources, the review of recidivism
in Bolivian prison system is extremely difficult as
comparison to Indian prison system and the U.K
prison system. The particular circumstances in
which drug trafficking is carried o ut in Bolivia are
marked by the rural and urban nature of the
production of cocaine sulfate and cocaine
hydrochloride throughout the country. [38] This
means that unlike in the centers of consumption,
where micro trafficking is related to “problematic
consumption,” in Bolivia, involvement in
manufacture and transport is related to poverty
and unemployment. This is a reality that has
extended search out the country and that finds
expression, in concentrated design , in each prison.
Recidivism versus R eformation
Recidivism is one of the most important concepts
in criminal justice. It refers to a person's relapse
into criminal behavior, often after the person
receives sanctions or intervention for a previous
crime. Recidivism is measured by criminal acts
that resulted in rearrests, reconviction or return to
prison with or without a new sentence during a
three -year period the prisoner's release. [39] Bureau
of Justice Statistics studies have found high rates
of recidivism among released prisoners. [40] The
first author has identified recidivism for 18
countries. Of the 20 countries with the largest
prison populations, only 2 reported repeat
offending high rates. The most commonly
reported outcome was 2 -year reconviction high
rates in prisoners. High rates o f criminal
recidivism are reported to be as high as 50% in
many jurisdictions, and, recorded crime rates in
the general population, have not declined in recent
years. [41] Recidivism is refers to relapse of
criminal behavior, which can include a range of
outcomes, including rearrests, reconviction, and
re-imprisonment. Prisoners represent a high -risk
group compared to other offenders with huge
associated costs and a large contribution to overall
societal criminality and violence. I can say that

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recidivism rates are high prison system may
actually differ from UK or other countries and
may be secondary to many risk factors. The
threshold for incarceration, the range and quality
of intra-prison programs, and investment in the
prison medical services, particula rly those
targeting drug and alcohol problem and other
psychiatric disorders. [42] And consider structural
or service -related interventions that can be trialed
to reduce reoffending high rates. I can say that all
men are born and endowed by their creator w ith
some basic rights. These rights are mainly rights
to life and liberty but if any person doesn`t
comply with ethics of the society that person is
deprived of these rights with proper punishment.
Many experts believe that the main objective of
prisons is to bring the offenders back to the
mainstream of the society. Various workshops had
been organized by the state government in
collaboration with NGO`s or rehabilitation to
bring reforms in the current prison systems.
Consequently, high punitive labo r with no regards
for the human personalities a severe punishment
were the main basic of prison treatment. More
than 40% prison offences have been listed in the
jail of many states and any infraction was visited
by quite a few barbaric punishments.
Gradually the objective of imprisonment changed
from mere deterrence to deterrence reformation.
This led to the abandonment of some of the
barbaric punishment of the system of awards for
good work and conduct in the form of remission
review of sentences, wages pris on labo r, treatment
in open conditions, parole, furlough, and other
facilities. The improvement in prison conditions
will bring concrete changes resulting in
rehabilitation of offenders. Prison are known to
have existed throughout history originally the
dangerous fold castles were used for confining
enemies and rivals for enforcing on them the
conditions of release.
But this was private or political use of prisons
system. Later, they were used for detaining
offenders while awaiting trial or until such time a s
punishment was meted out. It was believed that rigorous isolation and custodial measures would
reform the o ffenders. However, this expectation
and often imprisonment had the opposite effect.
The prison system high security and prison reform
shows that th ere are nine major problems which
afflict the system and which necessary to
immediate attention are :
 Overcrowding
 Delay in trial
 Torture and mental illness treatment
 Neglect of health and hygiene
 Insubstantial food and inadequate clothing
 Prison vices
 Deficiency in communication
 Streamlining of jail visits
 Management of open -air prison .
It is my belief that the criminal justice system is in
necessary of reformation. But the government
prison model is one that provides better service
both during and after incarceration. While
government prisons undoubtedly necessary to
undergo some reformation, it is not as dire as the
need for reformation in the state prison system.
The existing prison system is not completely the
deboned is not system. It does produce re formed
character, however, when it’s come to analysis
rate of recidivism versus reformation. The
statistical present a s orry state with the scale
tilting in favor of recidivism.

Conclusion
The Bolivian system of pris on, which is open
prison system to an exhaus ted limit present an
hope of oasis, among the wilderness of bl eak,
global penitentiary system. A time has come to
observe and examine the working of Bolivian
prison system p ick out salubrious point s of
adminis tration. The reformation is 117.4% which
is considerably higher from the o ther standard
system of prison in the world.

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