Martinson considered this objection, but not seriously.Rather, he wondered if crime itself is an inevitable outcome of society.
For example, parole boards were criticized for making racially-biased decisions.Further, critical theorists like Michel Foucault (1977) problematized the rehabilitative ideal by arguing it widened the net of social control, serving to “enable the state to expand its power over the minds and bodies of socially disruptive, surplus, and/or vulnerable populations.” (Cullen 2005). A sweeping review found no evidence that rehabilitation programs were reducing recidivism rates. criminology largely abandoned the idea of rehabilitation. escort agencies, female escort services, exotic showgirls and private dancers and escort services for bachelor parties.
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Further, Martinson derided the theory of “crime as a social phenomena,” arguing that rehabilitative strategies “have on occasion become, and have the potential for becoming, so draconian as to offend the moral order of a democratic society.” He also worried that rehabilitation implied releasing those who have little risk of re-offending, but keeping high-risk criminals locked up so that they might be rehabilitated.
He wrote:“A middle-class banker who kills his adulterous wife in a moment of passion is a ‘low risk’ criminal; a juvenile delinquent in the ghetto who commits armed robbery has, statically, a much higher probability of committing another crime.
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Perhaps nobody can be “cured”; perhaps they can only be punished and incapacitated.