Prison Not Appropriate For Rehabilitation?

United States v. Perone, No. 08-0052-CR., 2009 WL 52070 (2d Cir. Jan. 9, 2009)

Perone appealed his 60 month sentence, imposed notwithstanding an advisory Guidelines range of 18-24 months, as substantively unreasonable.  Objectively, it seems like an awfully large percentage upward variance.  But, as the Second Circuit found, it wasn't substatively unreasonable given Perone's criminal history and conduct.

Perone did, however, argue that "the need for long-term psychiatric treatment is an inappropriate reason for imposing long-term imprisonment."  And the Second Circuit sort-of agreed.  It found that while "imprisonment is not an appropriate means of promoting correction and rehabilitation . . . it is not improper for a sentencing court to note the added benefit which a structured prison environment provides for a defendant's long-term treatment."

Seems to me, though, that there's a wide gulf between actual psychiatric treatment and a "structured prison environment."  But Perone didn't seem like the type of defendant for which slack should be cut.

Also, did I hear the Second Circuit correctly?  Imprisonment is not an appropriate means for promoting rehabilitation?

Comments

[Ivette]

Imprisonment should provide with rehabilitation, therefore I think orisoners with a drug-dependency problem should receive the adequate treatment, if prison authorities fail to do so it could be counterproductive, both for the prison system itself and for the community, if the prisoner returns to his/her community unrehabilitated and unprepared for life on the outside. Human Rights Watch has published a very interesting article about New York inmates with substance use problems and the way the system is dealing with them.
http://www.hrw.org/es/news/2009/03/24/new-york-stop-sending-prison-drug-users-box

[JG]

You heard them correctly -- see 18 U.S.C. §3582(a) ("The court, in determining whether to impose a term of imprisonment ... shall consider the factors set forth in section 3553 (a) to the extent that they are applicable, recognizing that imprisonment is not an appropriate means of promoting correction and rehabilitation.")