In this week’s Acton commentary, I reflect on the past year’s developments for InnerChange Freedom Initiative, a ministry of Prison Fellowship. In June a federal judge in Iowa ruled against IFI’s work at Iowa’s Newton facility. In his ruling (PDF here), the judge wrote that the responsibility for combating recidivism is “traditionally and exclusively reserved to the state.” This means that since reducing recidivism is a “state function,” anyone working to combat recidivism is by definition a “state actor.”
I contrast the judge’s perspective with that of IFI and other advocates of the importance of civil society, using the theories of utilitarian philosopher Jeremy Bentham to highlight their differences. Bentham too thought that reform was the task of the government. He argued for the construction of prisons along the model of his “panopticon,” literally meaning “all seeing,” where the extreme use of constant surveillance and individual sequestration would break down the anti-social behaviors of convicted criminals. It was a rather unintuitive program, to say the least, but an influential one nonetheless.
Bentham thought so little of religious practice in fact, that he thought communal worship would destroy his isolationist agenda. In other types of prison facilities prisoner solitude would necessarily be disturbed when prisoners were given “the benefits of attendance on Divine service.”
Under Bentham’s plan, however, prisoners “might receive these benefits, in every circumstance, without stirring from their cells. No thronging nor jostling in the way between the scene of work and the scene destined to devotion; no quarellings, nor confederatings, nor plottings to escape; nor yet any whips or fetters to prevent it.” The communal aspects of worship could thus be entirely dispensed with while placating the necessities of religious adherence.
All of these events effecting IFI’s work occurred in a year that saw a sharp increase in violent crime. For more on the broader picture of the year’s legal developments for faith-based work, see this year’s “The State of the Law 2006: Legal Developments Affecting Government Partnerships with Faith-Based Organizations” from the Roundtable on Religion and Social Welfare Policy. The report includes a section devoted to IFI’s case.
And as a recent article in the NYT magazine observes, there is a growing political coalition on the topic of prison reform. Chris Suellentrop writes with regard to a specific piece of legislation that almost passed in the last congressional session, but may be brought up again in the future, “If the Second Chance Act fails to pass, it will not be because the two parties cannot agree on the importance of rehabilitation programs in prisons. But it may be because they disagree on the role religious organizations should play in rehabilitation.” (HT: Mirror of Justice)
Read the entire commentary here.