The Complexity of Rehabilitation in Open and Closed Prison Setting

Abstract: In Germany, prisoners have a constitutional right to rehabilitation (“resocialization”). In the Lebach judgment of 1973, a landmark ruling that served as the basis for the 1976 Prison Act (Strafvollzugsgesetz [StVollzG]), rehabilitation was seen by the German Federal Constitutional Court as part of the guaranteed rights of prisoners to retain their human dignity (Dünkel & van Zyl Smit, 2007, p. 350). The Prison Act contained two important provisions regarding prisoner rights: rehabilitation and normalization, the latter stipulating that living conditions inside prisons should resemble conditions outside prisons as much as possible. Together, these two provisions have contributed to the development of two types of prisons within the German prison system: open and closed prisons. Using a Foucauldian approach, this study aims to examine and systematically compare the rehabilitation programs in open and closed prisons in Germany and the role that social workers play in the rehabilitation of prisoners in both types of prisons. Utilizing a case study approach, in-depth interviews with prison social workers and participant observation, the study will focus on two prisons in the Federal State of Germany in Saxony-Anhalt: Burg, a closed prison, and Magdeburg, an open prison. The findings of the study revealed that various rehabilitation programs were offered at the two prisons, including educational, vocational, life skills, psychosocial, therapeutic and recreational programs. The study found that prisoners in open prison are more readily rehabilitated compared to those in closed prison. Furthermore, life in prison is characterized by control and organized forms. The study further revealed that social workers significantly impact the process and degree of rehabilitation of prisoners and therefore play a critical role in the successful reintegration of ex-offenders.