Prison Is No Longer Custody And Punishment

Prison is no longer custody and punishment

Introduction

Prison would no longer be justified by its functions of custody and punishment, but for its rehabilitative purpose.

This appointment refers to countries such as Spain, since these measures of psychological care and respect for human dignity have already been adopted by their legislation, from this fact we can deduce the attention that is considered to be given towards this type of problem in prisons, the investment made to the mental health of prisoners;It is important to consecrate in the law the care of all the persons residing in a prison center, since they tend to suffer depressions that can be aggravated by passing time in their stay.

Developing

When we refer to people with some kind of mental disability in prisons we must clarify that really, these people have committed crimes, however, the procedures that are carried with them, being classified as people in a state of imputability, are not always carried outefficient.

The Colombian Criminal Code determines that an imputable is that person who at the time of executing typical and unlawful behavior does not have the ability to understand their illegality or determine according to that understanding, by psychological immaturity, mental disorder, sociocultural diversity or statesSimilar.

In these cases, your imprisonment must be in a special establishment. In article 70, 71 and 72, the special hospitalization of the Inimputables is mentioned.

Although our Criminal Code seems to take into account unimputable people, the procedure that is carried with them in the prisons, since clinical studies are not carried out promptly and this prevents the diagnoses is not entirely efficient and prevents that diagnoses are efficient to avoidThat the penalties are imposed against the legislation, since people with mental disabilities are exposed to different risks when taken to jail.

Precisely, in the Prison Manual with special needs published in 2009, the United Nations recognizes that the deficiencies of the prison system entail that people with disabilities be discriminated, suffer from emotional and psychological stress, depression and anxiety, which drives byThe general to increase psychiatric problems, self-destruction or violence behaviors with others.

In the aforementioned manual, they indicate that it is essential that in the management of prisons (i) people with mental disabilities are particularly protected;(ii) a multidisciplinary treatment is given to disability, not only from a health approach;(VIII) Entry exams are made to criminal seclusion centers where results are noticed are the mental and physical health conditions of the people who are imprisoned, so that they are admitted to adequate places for their state;(IX) The appropriate treatment for the person’s health status is provided;(x) and programs are established to prevent suicide and self-harm, among others.

It is clear that the mental health problem in prisons is directly linked to suicide problems, not only affects people who enter with a mental disability, disorders can also develop in people who enter with a healthy mental health diagnosis,because the state of prison and isolation of society generates that, in most cases, a disorder is gradually developed, a problem that turns out to be serious but, in turn, avoiding it can be given through investmentsto specialists, psychologists specialized in mental disorders and crime.

Working with the mental affairs of an inmate is a complicated task, because, after a while, they stop knowing about their relatives and loved ones, they lose the notion of time in some cases;Treating these problems requires carrying a thorough process with each of the prisoners and making a personalized history that really demonstrates the evolution of patients against their state of mental health. There is medical deficiency in prisons, general doctors do not have a broad concept about the psychological problems facing inmates, in addition to working a short time and being a minimum of personnel.

Article 70. INIMPUTABLE INIMPUTABLE FOR PERMANENT MENTAL DISORDER. To the imputable by permanent mental disorder, it will be imposed in the interior of the psychiatric establishment, clinical or adequate institution of an official or private nature, where the specialized care that requires will be given. This measure will have a maximum of twenty (20) years and the applicable minimum depends on the treatment needs in each specific case. When it is established that the person is mentally rehabilitated, the measure will cease. There will be room for the conditional suspension of the measure when it is established that the person is in a position to adapt to the social environment where his life will develop. The suspension will also proceed when the person is likely to be treated outpatiently.

The internation measure in psychiatric establishments for people who have committed crimes is the criminal procedure established in the Code, however, its application is inefficient, since factors such as overcrowding in prisons delay diagnoses, as previously mentioned, in medical personnelIt is minimal in many prison centers, in addition to being general doctors without knowledge of people’s psychological disorders and behaviors.

The procedures for the transfer of people with mental disabilities, from prisons to rehabilitation centers are delayed quite a lot because there are many cases, taken by very few specialists, which is why the law that protects the rights ofthis people.

The main problem could lie in overcrowding, you have to start to solve this matter to focus on the problems that are triggered, to gradually build more rehabilitation centers and reach the point of considering the prison penalty unnecessary, sinceThe abolitionist discourse seeks to set aside the prison to give a resocialization approach, as well as to build more rehabilitation centers, which turn out to be more necessary.

Article 71. Internment for imputable by transitional mental disorder with pathological base. To the imputable by transitional mental disorder with pathological base, the internation measure in psychiatric establishment, clinical or adequate institution of an official or private person will be imposed, where the specialized attention that requires will be paid.

Taking into account this part of the Criminal Code, we can say that people whose process has been studied promptly, allows people to obtain their rehabilitation from the tranquility of their environment, as long as the necessary security measures and treatments are takenrequired doctors.

This measure would ensure the well -being of the person in terms of environment, because it would allow him to be with his relatives and to obtain rehabilitation without the need to isolate the patient from his community:

The Mental Health Service, to allow the maximum development of the autonomy capacities of its patients, must elaborate the appropriate means of support that achieve that permanence of the subject in the community. Hence, community psychiatry is presented with certain risks to assume by not isolating using the easiest path patients inside exclusive centers already ‘totalitarian’ and on the other hand that the community must accept certain differential factsIn some subjects that he has largely generated.

This fact would generate great progress, the acceptance of society would be an important factor to carry it out, in addition to assigning a specialized doctor who follows up detailed the person’s process, to certify that his case has managed to progress and based onThe empirical test, ensure that this treatment has high effectiveness and apply it to other people with disabilities.

These types of procedures would occur effectively and allow faster social integration through the rehabilitation process that would be provided under certain quality standards to certify progress.

We can conclude then that the prison sentence must efficiently contemplate the special cases that can be presented with criminals, it is necessaryprison, load with the weight of being pointed out as someone bad and apart from that, be pointed out vulgarly by the inmates due to their mental disability.

This type of discrimination inside prisons could generate a faster deterioration of the mental state of inmates;The prison system must be modified deeply, since it does not meet the guidelines of the Criminal Code, this fact leads us to consider the violation of human rights in prisons, taking into account that this place houses cruelty and despair, the inmates are properly treated to us asPeople are often mistreated and, although the cost for prison.

Conclusions

The current solution is to reform the penitentiary system and seek the well -being of inmates, because, although they have committed crimes, they remain human beings, we cannot take steps back, after all the progress we have obtained for centuries. When in a country like Colombia we progress in areas of justice and peace, jail will be obsolete, as has already happened in several developed countries.

The abolition of jail will be necessary if we want to progress, we must integrate, react and rehabilitate people who are in states of crime and disability, progress as a society does not mean punishing people who consider maladaptive, progress is really to prevent criminal actsAnd treating sick people can be a difficult process, but achieving it will lead us to start a new era with a different conception of justice, leaving aside all resentment of the past, and looking towards the future with the eyes of peace and reconciliation and integratingTo all the people who make up our community, because this will finally generate social and democratic participation in the treatment of people by the State and government entities.