Observation is used to assess the individual with all the influences that contributed to the crime. According to Foucault however, this system is defective, as it merely functions to objectify along with its individualizing function. Observation then becomes a power relation rather than a rehabilitative function. Prisoners learn only apprehension towards the observing party, rather than strategies for living a more functional life within society, or indeed the "self-correcting" thoughts and reading intended by judges.
As rehabilitative institutions, prisons therefore leave much to be desired during Foucault's time. He makes several suggestions towards improvement, the first of which is that the central function of a prison is to be the transformation of behavior. This occurs by means of effective distribution of prisoners - according to their crime as well as other factors such as age and mental attitude. Furthermore, work is to be done according to certain criteria and with certain ends in mind.
In terms of current applicability, I believe the and overcrowded prisons support this observation. Even now prisons appear to exist simply for their own sake, and for their function of detention. Few prisons have effective programs that actively promote or encourage individual rehabilitation.
Furthermore, many of the problems experienced in prison are directly related to the power relationship formed between prisoners and prison personnel. This issue has little changed since Foucault's writing. Instead of taking to heart their responsibility to rehabilitate individuals for reentry into society, prisons appear to operate on politics and power struggles. Thus, Foucault is thus correct in his assessment that political and legal power is yielded ineffectively, and does not even serve its most basic purpose of deterring crime. The prison system could do much worse than follow some of the suggestions made by the author.
Bibliography
Foucault, Michel. Discipline and Punish: The Birth of the Prison. Tr. By Alan Sheridan. New York: Pantheon Books, 1977.
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