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Interestingly, Martinson’s views were accepted by both progressive and conservative critics of the criminal justice system. Progressive reformers criticized the rehabilitative ideal because it put disproportionate power in the hands of the state, and they found that the state used those powers in problematic ways. For example, parole boards were criticized for making racially-biased decisions. Further, critical theorists like Michel Foucault (1977) problematized the rehabilitative ideal by arguing it widened the net of social control, serving to “enable the state to expand its power over the minds and bodies of socially disruptive, surplus, and/or vulnerable populations.” (Cullen 2005). Foucault and the “new criminologists” gave rise to a new dogma that saw rehabilitation as “a case of good intentions corrupted for sinister purposes.” After that point, scholars spent little time studying how to make rehabilitation better. According to Cullen (2005), they were “in fact cheering for showing that treatment programs did not work.”

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