Overcrowding in prisons and alternatives to traditional incarceration
- 5 days ago
- 2 min read
A colleague, Nicole Lieger from Vienna, recommended to me the book "Humane Crime Novels: Restorative Justice and its Consequences". I received an article by Arno Pilgram. We met in 2023 at an event in Vienna. I was invited there to give a film discussion about "All Your Faces" and presented the Restorative Justice Circle Dialogues and my concept. The article moved me to write a few lines.
In his text "Saving on Prisons," criminologist Arno Pilgram argues that modern penal policy should not primarily focus on expanding prison capacity. Instead, the use of imprisonment should be critically examined, as prisons incur high costs and contribute only to a limited extent to rehabilitation. Pilgram emphasizes that imprisonment often exacerbates social problems because incarceration disrupts existing social bonds and hinders reintegration into society.
These considerations are, in my view, equally relevant for Germany. According to the Federal Statistical Office and the state justice administrations, the occupancy rate of many correctional facilities is close to its capacity limit. In some federal states, very high occupancy rates are a regular occurrence. Overcrowding makes it more difficult to care for prisoners, increases the potential for conflict within the facilities, and reduces the opportunities for rehabilitation measures.
One possible alternative to expanding traditional large prisons could be—in my view—the establishment of smaller, community-based detention centers. Such facilities allow for more individualized care for prisoners and facilitate contact with family, work, and social support services. Criminological research shows that smaller units often have a more stable social climate and can reduce violence within the institutions. Furthermore, restorative approaches in criminal justice are gaining importance. Restorative justice focuses on addressing the harm caused by a crime by involving offenders, victims, and the community in a dialogue. My RJ program "BoAS" (Survivor-Oriented Work in Prisons), also known as "Building on Accountability and Support" (a play on words), attempts to combine accountability, restitution, and social support. The goal is to promote long-term reintegration for all involved and prevent recidivism.
In addition to such programs, measures like open prison conditions, community service, or alternative sanctions can also help to reduce prison overcrowding. Particularly in the case of short prison sentences or substitute custodial sentences, criminological research often argues that alternative measures can be more effective and less socially harmful.
Against this backdrop, the idea of buying prison spaces abroad appears to be a short-term and problematic solution. Such a strategy would not solve the structural problems of the prison system, but merely shift them. A more sustainable approach would be a reform of the penal system that reduces prison sentences, strengthens alternative sanctions, and expands restorative practices.
Pilgram, Arno (2005): Saving on prisons. Criminological considerations on reducing prison sentences.
Federal Statistical Office (Destatis): Penal system: Prisoners and detainees.
Dünkel, Frieder / Morgenstern, Christine / Zolondek, Julia (2017): Criminal policy and prison administration in European comparison.
Federal Ministry of Justice: Data and developments on the penal system in Germany.
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