Conflict between “Work Program” and "Desistance Paradigm" in Prisons

• In Event: PWG - Control, transparency, and sentence planning

Abstract

Work can be a facilitative factor related to desistance from crime. This is because, according to Sampson and Laub (1993), working structures the ex-offender's everyday life, and according to Maruna (2001), it allows them to reconstruct his identity as a generative self.
In Japan, most prisoners are assigned “work”. These works include production of products commissioned by private companies, as well as accounting, cooking, laundry, and other tasks related to prison operations. The purpose of these works is said to help prisoners develop a regular rhythm in their lives and a sense of self-efficacy. In addition, prisoners who engage in such works are given a “incentive remuneration” as part of their “rehabilitation fund”. At first glance, the work in Japanese prisons seems to encourage prisoners to be desistance-oriented.
However, the “incentive remuneration” is not a “wage,” i.e., compensation for work. The monthly remuneration paid to each prisoner averages around 4,500 yen(≒28.7 euro), which is far below the minimum wage under Japanese law. In addition, the evasion of any work can be subject to disciplinary punishment. In short, Japanese prisoners are indirectly forced to work like slaves.

Such situation in Japan reveals that “work programs” designed to help prisoners reintegrate into society are fraught with problems that undermine their humanity and dignity. There are, however, certain reasons for this situation in Japan.
In this paper, referring to Melossi and Pavarini (1977=1981) and Foucault (1975=1977), I analyze the “work” in Japanese prisons from the perspective of “discipline,” “capitalism,” and “reduction of the working population”. In doing so, the conflict with the desistance paradigm which respects the humanity of those who commit crimes will be discussed.

Author

• Koki YAMANASHI, Rissho University (Faculty of Law)