臺灣地區長刑期受刑人教化與處遇之研究

Rehabilitation and Treatments of Long-term Prisoners in Taiwan

黃敬謀(Ching-Mou Huang)

指導教授 ： 周愫嫻 教授

國立臺北大學/社會科學學院/犯罪學研究所/碩士(2008年)

摘要

國立臺北大學九十六學年度第2學期
碩士學位論文提要

論文題目：臺灣地區長刑期受刑人教化與處遇之研究　
論文頁數： 217　

所　組　別： 犯罪學研究所　（學 號：79487929）　　

研　究　生： 黃敬謀 　　　 指導教授：周愫嫻 教授
論文提要內容：
臺灣監禁刑期10年以上之長刑期受刑人已高達10,000人之多，約佔全部監獄人口數的五分之一，且依統計犯罪類型多數為殺人、強盗等暴力犯，如以當前政府之強硬、重刑化的刑事政策不變，未來長刑期受刑人之族群，勢必逐漸湧現，改變過去監獄生態現象，將使各矯正機關面臨極大之收容管理及教化壓力。因此，本研究目的為深入瞭解目前監獄所進行之各項教化處遇方式，是否對長刑期受刑人之教化有所幫助及實際效益，俾提出改善教化處遇策略，期使矯正機構穩定腳步收容重刑人犯，減少戒護事故發生及提升矯治效果，降低出獄再犯之可能。
本研究採深度質性訪談方式，採立意取樣（purposeful sampling）北、中、東三區之在監服刑逾十年的初累犯長刑期受刑人12位及監獄資深教化人員6位，合計18位為訪談對象進行研究。經研究者蒐集之訪談資料，整理歸納分析後所得之結果如下：
一、現行教化處遇制度方面之問題有：缺乏規劃符合長刑期受刑人需要之特別處遇方式、未落實區分長短刑期處遇，致易衍生違規衝突事端、行刑累進處遇制度不夠靈活與核分方式寬嚴標準不一、職業技能訓練之軟硬體資源不足、參加技能訓練困難、教化方式未依受刑人意願實施，效果有限、移監頻繁，欠缺穩定之服刑環境、假釋與處遇政策多變、過度強調戒護安全，影響正常之教化活動運作、各地區監獄管教寬嚴欠缺平衡一致。
二、長刑期受刑人在監生活適應型態問題：生活單調一成不變，磨時間態度、心情苦悶壓抑，表面順從、「從有到無、生活茫然」之價值觀、入監初期與等待報假釋後期，情緒浮動不安、與家庭互動關係，影響行為表現、偽善沒有安全感，不信任管教人員、初犯受刑人對監禁環境之生活適應力較累犯受刑人困難。
三、教化人員之專業角色問題：請求輔導須書面報告，影響接受教誨意願、缺少主動關懷與解決受刑人問題之態度、監獄教誨師非輔導體系，專業領域不足及帶有管理色彩、教誨師人力不足，無力辦理教誨工作、保持距離，避免被同儕排擠，貼上抓耙子標籤、情緒化，帶有收容人找麻煩之心態、考核方式未綜敷名實。
四、長刑期受刑人教化處遇上之需求：讓有真正悛悔實據者提早假釋出監機會、儘早規劃實用具延續性之技能訓練，增強謀生技能、穩定之服刑環境、管教人員的人性尊重看待、增加心理輔導及動態性活動課程，解除長時間的監禁壓力、放寬長刑期者至外役監處遇、分級分類區隔處遇，減少不同類型受刑人間衝突及管理問題、提供受刑人電腦網路學習機會，減少社會脫節。

關鍵字：矯正機關;長刑期;處遇;教化;監禁

關鍵字

矯正機關 ； 長刑期 ； 處遇 ； 教化 ； 監禁

並列摘要

NATIONAL TAIPEI UNIVERSITY, 2ND SEMESTER OF 2007
SUMMARY OF THESIS FOR MASTERS’ DEGREE
Title of the Thesis: The Rehabilitation and Treatment of Long-term Prisoners in Taiwan Number of Pages: 216
School:Graduate School of Criminology (Student ID: 79487929)
Name of Student:Ching-Mou Huang
Advisor Professor: Professor Susyan Jou
Abstract
There are approximately 10,000 prisoners serving in excess of ten year prison sentences in Taiwan, and accounting for 1/5th of all prisoners. According to the statistics, their crimes are mostly violent crimes, such as murder and robbery. When handling criminal cases, the government is taking a tough approach leaning toward severe sentences; however, if such an approach continues, the sheer number of inmates serving long prison term will inevitably increase and with definite consequences for the environment of prisons. It will place great pressures on the rehabilitative objectives of these correctional institutions. Therefore, the purpose of this study is to consider the current education and treatment provided in the prison, to consider whether such education and treatment is truly helpful and whether it has an actual effect on prisoners serving long prison sentences. The study then attempts to suggest strategies to improve education and treatment, so that correctional institutions may take an appropriate approach in providing education and treatment to prisoners committing severe crimes. This may reduce the occurrence of security incidents and advance correctional effects, and further reduce the possibility of recidivism after release from prison.
The study employed a ‘purposive’ sampling and in-depth interviews with twelve prisoners serving prison terms longer than ten years, first offenders or recidivists, and six senior prisoner education personnel in Northern, Middle and Eastern Taiwan. A total of eighteen people were interviewed. After summarizing and analyzing the information collected during the interviews, the conclusions were as follows:
1.The problems with the current system: specific treatment to meet the needs of prisoners serving long prison sentences is absent. Because the education and treatment provided to prisoners serving short prison terms and those provided to prisoners serving long prison terms are not separate, it is easy to cause violation of rules and create confrontations. Further, the progressive treatment of the punishment system is not flexible enough; evaluation criteria are vague; the hardware and software resources for occupational skill training are insufficient; it is hard to participate in skill training; the education provided is often against the prisoners’ will and with limited effects; the prisoners are transferred from one prison to another frequently, which makes it hard to provide a steady service environment; rules governing parole and treatment policies are amended too frequently; the authorities put too much focus on the security of prisons, which impacts on the function of the educational programs; and last, disciplinary standards differ from one prison to another.
2.Problems regarding the prisoner’s adaptation to prison regime: life in the prison is immutable and routine. The prisoners are often trying to kill time, are depressed and stressed. They might look obedient but at heart, they focus on the feeling that “their lives have come to nothing, and they are totally lost”. When they first start serving the prison time and when they are waiting for the result of parole application, they are usually impetuous and uneasy. Their interactions with their families have impacts on their behavior. A lot of times, they are overly critical and insecure, and do not trust the disciplinary wardens. It is usually harder for first offenders to fit into the prison regime, compared with recidivists.
3.Problems regarding the professionalism of educational staff: when a prisoner needs consultation and assistance, the prisoner needs to file a written application for such consultation and assistance. This burden influences the prisoners’ willingness to seek consultation and assistance. The education staff often fail to care and resolve the prisoners’ problems voluntarily. Guards at the jail are not part of the ‘care and guidance’ system and lack the requisite professional training; they are simply authority figures. There are not enough guards and thus, it is difficult to conduct their work. The prisoners usually keep a distance from the guards to avoid being crowded out by other inmates and labeled a ‘collaborator’. Sometimes, the guards get emotional and give inmates a hard time. The evaluation standard is vague.
4.Educational and treatment needs of the prisoners serving long prison sentences: prisoners who are found to be truly regretful for what they have done should have the opportunity to be released on parole as early as possible. The government should plan more skill training that is practical and capable of extension to life in the outside-world, so that the inmates may have greater employability after release. A stable environment should be provided for in the prison. The guards should treat the prisoners with humanity and respect. More emotional guidance and dynamic activities should be added into the prisoners’ curriculum to help alleviate the pressure of long term prison life. The restrictions regarding prisoners with long sentences serving at prison camps should be loosened. Education and treatment for prisoners should be differentiated according to sentence length, so that conflicts between different types of prisoners and disciplinary issues may be reduced. Computer aids and Internet facilities should be provided to prisoners so that they are able to participate in activities now seen as part of everyday social life and to aid in their rehabilitation as members of society.

Key words: correctional facility, long prison sentence, treatment, rehabilitation, imprisonment

並列關鍵字

correctional facility ； long prison sentence ； treatment ； rehabilitation ； imprisonment

參考文獻

2005 ＜我國重刑化假釋政策與假釋出獄再犯歷程之研究＞。《犯 罪與刑事司法研究》5：143-144

Criminal Justice Institute, Inc

Flanagan, T. J

1990 Adaptation and adjustment among long-term prisoners. Manuscript（unpublished）

Porporino, F.