Prison
Although prison was not something new, at the turn of the century it began to be imposed as a universal punishment because it presented certain advantages over previous forms of punishment:
• - In a society in which freedom is the good par excellence, its deprivation also appears as an evil for everyone, which is why it appears as an “egalitarian” punishment.
• - Prison allows the punishment to be exactly quantified through the time variable.
• - The prison assumes a role as an apparatus to transform individuals and to do so it reproduces, in accentuation, all the disciplinary mechanisms that appear in society.
The fundamental principles on which the prison is based in order to exercise a total education on the individual are the following:
• - The isolation of the condemned, which guarantees that power will be exercised over him with maximum intensity, since it cannot be counteracted by any other influence.
• - The work "Work (sociology)"), which is defined as an agent of penitentiary transformation. It is not production itself that is considered intrinsically useful, but rather the effects it has on the prisoner, who must be transformed into an individual who follows the general norms of industrial society.
• - The modulation of the penalty, which allows penalties to be exactly quantified and graduated according to the circumstances. Furthermore, the duration of the sentence must be adjusted to the prisoner's transformation throughout said sentence. Now, this implies that there must be autonomy for the personnel who administer the sentence: the prison director, the chaplain, and later psychologists or social workers. It is his judgment, in a sense of scientific diagnosis, that should lead to the modulation or even suspension of the sentence.
In this way, a technical-medical model of healing and normalization appears within the prison. The prison fundamentally becomes a machine for modifying the soul of individuals. The criminal and the psychiatric intermingle. Crime will be considered as a pathological deviation that can be analyzed like other types of diseases. From here the “scientific” knowledge of criminals can be established: criminology appears as a science. Thus, the prison becomes a kind of permanent observatory of behavior: an apparatus of knowledge.
Foucault points out that criticism of the prison begins at the beginning of the century, and uses the same arguments that we can find today: prisons do not reduce the crime rate, detention causes recidivism and even creates criminals, ex-prisoners will have great difficulty in being accepted by society, prison makes the detainee's family fall into misery... Now, despite these criticisms, the prison has continued to be defended as the best instrument of punishment as long as certain certainties are maintained. principles (which already appeared in the middle of the century):.
• - Principle of correction: Criminal detention must have as its essential function the transformation of the individual's behavior.
• - Principle of classification: Detainees must be distributed according to criteria such as their age, their dispositions, the correction techniques that will be used with them and the phases of their transformation.
• - Principle of modulation of sentences: The development of sentences must be able to be modified according to the individuality of the detainees.
• - Principle of work as an obligation and as a right: Work must be one of the essential elements of the transformation and progressive socialization of the detainee.
• - Principle of prison education: The education of the detainee is a precaution in the interest of society as well as an obligation towards the detainee.
• - Principle of technical control of detention: The prison regime must be controlled by specialized personnel who have the moral and technical capacity to ensure the proper training of individuals.
• - Principle of attached institutions: Prison must be followed by control and assistance measures until the definitive rehabilitation of the former detainee.
According to Foucault, progressively the techniques of the penal institution are transported to the entire social body, which has several important effects:
• - There is a continuous gradation between disorder, infraction and deviation from the rule. In reality, deviation and anomaly (which brings with it disorder, crime, madness) obsesses different institutions (school, hospital, prison...).
• - A series of channels appear through which “criminals” are recruited, who frequently pass throughout their lives through institutions that are precisely designed to prevent and avoid crime: reformatories, assistance institutions, prisons...
• - In the continuous gradation of the disciplinary apparatus, prison represents nothing more than an additional degree in the intensity of the mechanism that acts from the first sanctions. "In its function, this power to punish is not essentially different from that of healing or educating."[5].
• - Everywhere we find judges of normality: the teacher-judge, the doctor-judge, the social worker-judge...
• - The prison fabric of society is at the same time the instrument for the formation of the knowledge that power needs. The human sciences have been possible because they accommodated this specific form of power.