The assessment of the achievements of religious prison wards

PhD in Law, Senior Lecturer Lecturer of National University

of Public Service, Faculty of Law Enforcement, Budapest, Hungary

1. The basics of inmates' right to freedom of religion and religious observance alapvonalai

In accordance with the stipulations of the Fundamental Law of Hungary „everyone shall have the right to freedom of thought, conscience, and religion. This right shall include the freedom to choose or change one's religion or other belief, and the freedom of everyone to manifest, abstain from manifesting, practice of teach his or her religion or other belief through religious acts, rites or otherwise, either individually or jointly with others, either in public or in private life.”1 The situation regarding inmates is paid particular attention to in the Act on the Right to Freedom of Conscience and Religion, and the Legal Status of Churches, Denominations, and Religious Communities, when it stipulates that: „The exercise of the freedom of conscience and religion shall also be made possible for those (...) detained in prison, both at individual and community level.” In accordance with the stipulations set forth in Article 29.2 of the new European Prison Code “The prison regime shall be organised so far as is practicable to allow prisoners to practise their religion and follow their beliefs, to attend services or meetings led by approved representatives of such religion or beliefs, to receive visits in private from such representatives of their religion or beliefs and to have in their possession books or literature relating to their religion or beliefs.” At a general level in Hungarian regulations, the new Prison Code sets forth in the text of the law affirmative actions when it stipulates that “every inmate in the penal institutions shall have the right to freedom of thought, conscience, and religion. This right shall include the freedom to choose or change one's religion or other belief, and the freedom of every inmate to practice his or her religion.” It should also be allowed that the inmates shall have the right to receive education and care by church personnel, church personnel performing their service in a specific church service, or other personnel in an employment relationship or in other legal relationship with an organization performing their service in a specific church service. The regulations on the order of the penal institution are contained in the security policy, which policy also explicitly stipulates the schedule of the church services.5

1.1The extent of restriction of the freedom of religion should correspond to the order and security of the types of correctional institutions and facilities

The extent to which the freedom of religion can be restricted is explicitly stipulated in the new Prison Code. Additionally, the expressly named possibilities of restriction can also be applied, without exception, with consideration to order and security. The practice of the European Court of Human Rights associates in a demonstrable way the order and security of correctional institutions and facilities with the protection of rights and freedom of others. The particular standards applied in correctional institutions and facilities facilitate the restriction at different levels in different types. Persons living in involuntary cohabitation and being in vulnerable situations are increasingly sensitive and vulnerable to the infringement of their rights, consequently, the applied specific standards allows for more severe restrictions to protect the rights and freedom of others, as they would do in case of those living outside. This may be the case, for instance, that possessing a book in public circulation can legitimately be prohibited having regard to the order and security of the penal institution in order to ensure the rights and freedom of others. Individual religious observance can be restricted in the most exceptional cases only, regarding religious observance as a group, however, there are more opportunities for restriction, as a larger number of personnel may be at risk or in danger under circumstances more difficult to control. Considering both their reasons and their effects, safety measures and disciplinary punitive actions can be associated with the requirements of order and safety. This compares to the kind of equalizing function of the achievement of the objectives of penal enforcement by contrast of the restriction of rights. Correspondingly, the restriction of rights can be accepted if it ensures the order and safety of the penal institution and, additionally, facilitates that the goals of penal enforcement can actually be carried out and achieved.

1.2The purpose of ensuring religious observance is to facilitate and advance reintegration in the correctional institutions and facilities

In accordance with the stipulations of the new Prison Code, efforts must be made in the context of reintegration activities so that the inmates recognize that their crimes are threat to society, and alleviate the consequences of such crimes as much as possible. In order to encourage the above, the corrections avails themselves to the activities of the Prison Chaplaincy Service. As demonstrably proven, Churches have a privileged role in maintaining communication. This itself cannot be explained by the roles the churches play in reintegration, as there are a plenty of non-governmental organizations, not having the same rights as the churches, actively working to achieve the goals set by corrections. Maintaining communication by the churches is a part of the freedom of religion, and is the field to enable inmates to practice their respective religions, or to make it possible for those interested in religion to learn about the positive roles that religions can play in societal and private lives, as well as to be introduced to the teachings and tenets of religions. By communicating the values of religions to the inmates, the government expect that reintegration in penitentiary institutions become more successful. Therefore, as a part of the freedom of religion, religious observance shall be granted to the fullest extent possible. It can be established that the same expectations can also be linked to and associated with the activities of the non-governmental organizations assisting the work of corrections. There are at the very least two possible reasons why churches have their privileged positions. One of them can be found in those historical traditions, which have enjoyed a revival following the systemic change of the previous regime. It cannot be debated that, historically speaking, the churches are the organizations that have the greatest and longest traditions in promoting the advancement of the penitentiary goals. The other possible reason is that the role of the churches goes way beyond reintegration, and it facilitates giving effect of a specific fundamental constitutional right, and the exercise of such rights. Without this, the right to freedom of religion within the penitentiary institutions could be considered severely limited.

1.3Religious observance can be practiced to its fullest extent with active public policy intervention

As a result of the penal legal relationship and the closed institutional system, the inmates can only exercise their individual rights upon specific request. To practice other rights, the active public policy intervention is indispensable and integral. Among others, this was the reason for the following regulation: „the task of the penal institution shall be to inform the inmates on the schedule of religious observances and on the timely announcement of the ad hoc programs”10, as well as the following, related to the community religious observance: „The penal institution shall ensure that premises adequate for the purposes of religious observance and their essential technical equipment are available, whereas the religious community shall ensure that liturgical accessories necessary for the church services are available.”11

The forms of religious observance can traditionally be divided into two groups: religious observance by the individual and by the community. Although being a member of any church, or the participation of any church in the observance are not a precondition of religious observance by the community, however churches are the primary representatives and media of community religious observance. In cases when any form of religious observance requires the participation of a particular church, there will be three options: 1. the Prison Chaplaincy Service in the penal institution; 2. A missionary organization or a church having general authorization; 3. A church named by the inmate having a letter of agreement. In the first case, the state provides the framework for the church service. Regarding the latter two, the state permits the participation of the religious organizations, outside the public framework, to ensure that the goals of penal enforcement are carried out and achieved. Of these three possibilities, the Prison Chaplaincy Service stands out. By operating within the framework of the correctional institutions and facilities, it has become and now is the strongest institutionalized actor of religious observance. Its role is not restricted and confined to the exclusive and direct provision of religious services, but it also extends to its direct participation in organizing other prison missionary activities by external church organizations. Findings supported by observations say the activities of the external church and missionary organizations are mostly occasional in nature or, even in the best case scenarios, they can be regarded as project-like activities. In contrast, the operation of the Prison Chaplaincy Service is characterized by permanence, stability as well as immediate and direct availability.

It will further examined below what effects the religious education carried out by the religious organizations can have on the participating inmates.

2. The object and the purpose of the research

Religious observance carried out in prisons can be examined from two aspects. According to the first approach, the main characteristics of the inmates' freedom of religion can be examined carefully from a constitutional legal aspect. The features of such an approach are outlined above. The other approach seeks to find an answer what role religious observance could play in the process of reintegration. I will further examine below what results of religious observance in prisons can be demonstrated herein. Here and now, the concept and the definition of religious observance is not entirely accurate. This definition is a legal one, therefore it is primarily open to legal interpretations. It can poorly be interpreted in the terminology of either penology or theology. As this research primarily belongs to the area of penology, I intend to use the term religious education as used within its scope. It needs to be explained what is meant by this concept. Within the framework of this research, the narrower meaning of the term `religious education' is meant by the availability of the religious occasions to the extent necessary to achieve the goals of the church and of reintegration, as well as the regular, active, and motivated participation in these occasions. Religious education is certainly different from other reintegration programs to the extent that while educators, psychologists, and mediators have religiously neutral goals and methods assigned to achieve such goals, the churches and their priests/pastors/clerics are, by their very nature, religiously committed. The basic research questions is whether in which way, and to what extent religious education can contribute to the social integration of the inmates.

The most important question regarding the measurement of the effectiveness of religious education is what are the outcomes that can be considered effective. Answering this question could be done from several aspects. According to preliminary research, the definitions of 'outcome' can be visualized along a straight line. At one end of the straight line is the theological concept of 'repentance/conversion', which means the acceptance of the religious tenets professed by a given church. The other end of the straight line the outcome is the entirely secular concept of 'avoidance of recidivism.' In between, as some kind of synthesis, is the concept according to which the outcome of religious education is preventing recidivism by accepting and following religious values. Correspondingly, during this research it will be examined to which direction and to what extent the value system of those participating in religious education will change compared to the value systems held by the other members of the inmate population.

The choice of values sets out, or at least influences, the individuals' relation to the phenomena of reality. Through these choices, the individuals' responses and actions are similarly influenced by it. Essentially, the individuals' conscious actions reflect their attitudes for values - or at least its pivotal elements. This latter statement has its limitations. Sometimes, individual interests may supersede individual values. The situations where they may occur can be emergencies, when mere subsistence and safety are emphasized. To a not so strong and solid value system, a conflicting yet very profitable activity may pose an enormous challenge. Not all values are equally represented in the value system of an individual. In decision-making processes, particularly in conflict situations, the dominant elements of the value system hold considerable sway. At the same time, it goes uncontested in the relevant literature that the choices of values of the individuals are reflected in their actions. This statement is not valid in each specific action, but it is regarding the direction of the entirety of the interrelated actions. For instance, one would hardly imagine that a person whose own prosperity has a considerable value for the person would not, at least occasionally, have a generous spirit, despite the fact that their generous act at that given moment would run counter their prosperity. At the same time, it definitely holds true for this person that they more frequently refuse donation requests compared with those for whom others' prosperity is also of critical value. It is not always the case for this latter ones either, those for whom others' prosperity is also of critical value, as they are not always willing to have their own interests overshadowed for the benefit of others. Still, it is true that comparing two persons with two different perceptions of value, considering the entirety of the interrelated actions, there are marked differences between their value perceptions.

Therefore, I state that based on the changes in the value systems of the inmates, the orientation of their subsequent actions can be forecast. This forecast, considering the nature of conflict between values and interests, does not guarantee the avoidance of recidivism, but it has a potential to increase the individuals' odds to become repeat offenders.

3. The methodology of the research

In the framework of this present research, I rely on the value theory of Shalom Schwartz. Schwartz uses a pie chart to introduce us to the entire patterns of conflicts and harmonies between the values. The circular arrangement of the values illustrates and demonstrates motivational continuum. The closer the two values appear to each other, the more they have in common regarding their underlying motivations. The larger the distance between the two values, the greater the conflict is between their underlying motivations. The conflicts and harmonies between the ten universal values constitute an integrated value system. This value system can be summarized in a two-dimensional reference grid. One axis shows us the values of self-enhancement vs selftranscendence. In this segment, hedonism, power, and achievement stand against universalism and benevolence. The first ones emphasize following the selfinterest, while the other ones pay attention to the prosperity and interests of others. The other axis illustrates the values of openness to changes vs conservation. In this part the values of self-direction and stimulation stand against conformity, security, and tradition. The first ones emphasize independent thoughts and actions, the openness to new experience. The latter ones put emphasis on restraint on actions, as well as order, and the resistance to changes. As it can be seen, hedonism has an exceptional position by being located between openness and individualism - that is both universal values can claim this fundamental core value.

Based on the relevant literature, Schwartz defines values as desirable goals overarching situations, which goals serve as guiding principles in people's lives.

Schwartz's 21-question value survey measures the relevance of values that are universal and independent from either society or culture. By using the survey, it was not intended to measure the extent to which the inmates participating in religious education followed religious value systems; it only intended to measure whether or not their value systems showed similarities of differences compared with those of other inmates' and those of the members of the civilian congregations. From the findings, it cannot be inferred to what extent these inmates had become religious. At the same time, it can be inferred, however, what kind of correlation is shown between the value systems of those incarcerated inmates having criminogenic value systems, who participate in religious education compared to those of other inmates' not participating in religious education and those of the members of the civilian congregations. This answers how religious education impacts the value systems of the individuals.

Based on the above, comparisons between the value systems of three groups in total were drawn. The test group included those inmates who regularly participated in religious occasions in prisons. Additionally, two control groups were set up as well. One control group included inmates not participating in religious occasions at all, whereas the other one consisted of members of civilian congregations outside prisons. As the majority of the inmate population consists of men, and the value system may differ according to the sexes, therefore the members of all groups were exclusively men. I strived to establish groups with almost identical group sizes. In order to ensure that the data obtained have a countrywide validity, I carried out sampling in four different correctional institutions and facilities. I chose institutions where, in accordance with my preliminary collection of data and experience, high quality religious education was carried out. In case of civil congregations, religious affiliation was considered irrelevant, as it is also irrelevant in prisons; consequently four congregations of Christian churches were sampled in order to seek diversity.

4. The findings

In order to ensure that the formative influence of religious education be demonstrable, I chose the solution as follows: The 10 elements of Schwartz's value system were interpreted individually in a scale, whose one end presented those inmates not participating in any religious education at all, while the other end presented the members of the civilian congregations. The calculated values were based upon the weighted calculation as defined by Schwartz. The scale was not interpreted as being closed-end, as it could be expected that in cases of one or another value elements, the data from the tested population would not fall between those of the two control groups, but they would rather 'extend beyond' them in any direction. It was examined to which direction and to what extent would changes be observed in test group values compared to the weighted averages of the values of the control group. To carry out the examination of the elements of the value systems of the groups, two criteria were used. On the one hand, the value systems characteristic of various groups on the basis of the value ranks were examined, and on the other hand their being weighted was also considered. The value ranks themselves reveal only which values a given group consider important, and which they consider less important. But the fact how important these values are, or how unimportant they are, can only be interpreted based on the weighted scores of the different value groups.

Those who did not participate in religious education submitted 98, and those who participated in religious education submitted 85 measurable and meaningful questionnaire replies. This latter group, however, seemed that it could be broken down further from the aspect of the intensity of the religious education they participated in. Based on the previous, there were 34 inmates, who were outstandingly regular participants in religious occasions compared to the remaining 51 inmates. From the civilian control group 94 measurable and meaningful questionnaire replies were obtained.

As this paper is an excerpt of the entire research findings, I intend to dispense with the introduction and explanation of how the weighted calculations of the different value groups were done. I wish to briefly present and outline the conclusions that can be drawn from the findings.

Comparing the order of the values, and the scores given to the various value groups, it can be inferred that the weighting of the values both in the congregation in the correctional institutions and facilities, and in the civilian control group cover a far wider and more varied range than those of the control group in the correctional institutions and facilities. That is to say, the group value systems are not as differentiated as those of the two other groups'. In case of the control group in the correctional institutions and facilities, another interesting point is that the values located on the opposite poles of the different value axes can exist side by side quite well in the value systems. It is conspicuous that the most supported value is self-direction, whereas the most rejected one is conformity. This clearly demonstrates that the value systems of the inmates are characterized by strong self-centeredness and, parallel to this, the rejection of the expectations of their environment. It is difficult to adjudge whether the rejection of conformity is due to the rejection of the institutionalized detention system, or it is against the other members of the prison population - or both. At the same time, the places of benevolence and security in the hierarchy of values are surprising. It may indeed be that the findings are but the reflections of desires and expectations stemming and resulting from their lack.

The positively assessed and clearly rejected values of the civilian control group are also outlined precisely. It is also observable that some parts of the values on the same value axis are located next to each other. These values are the most-widely accepted benevolence and universalism on the selftranscendence axis, and security, tradition conformity on the conservation axis. At the same time, the values on the openness to change axis are divided. While self-direction is reputed to have relative acceptance, stimulation, on the other hand, is among the strongly rejected values. It is clearly indicative that the value most rejected by the group is power. This is located on the totally opposite end of those values most supported by the group. Consequently, their values located along the self-enhancement vs self-transcendence axis are sufficiently differentiated. The big difference between the two extreme values shows us that the well-being, interest and prosperity of their fellow humans is more important for the Christian community than the desire that they should exercise power. These findings are not that surprising - it is quite natural. The same can be mentioned and stated about the rejection of stimulation, achievement and hedonism. The lack of the prevalence of self-direction could have demonstrated that in the value system of the Christian group, the consideration of traditions, community, and others' interests completely overrides and supersedes the interests of the individuals. Thus the value of self-direction established a balance between individuals' and others' interests.

During the first measurement, the findings regarding the group of inmates participating in religious education were interpreted as related to a homogenous group, namely there was no differentiation between those regularly and quite intensely participate in religious education, and those in case of whom religious education is limited to ad hoc occasions. The findings obtained here show some correlation with the value systems of the civilian control group, but these findings fall significantly below the prior expectations and hypothesis.

Investigating the reasons for the findings, the measurement was repeatedly carried out, but at that time the group of inmates participating in high intensity religious education were separated from those one who participated on an ad hoc basis. With respect to the value systems of the first group, the following statements could be made. The value systems of the congregation in the penal institution is organized in a highly differentiated way along the axis of self-enhancement - self-transcendence. From the findings it is clearly shown that they definitely consider the values of self-transcendence to be sought and followed, and similarly, they strongly reject the values of self-enhancement. Taking into account the interests of other persons or the entire community is very characteristic of their value systems. The huge disparities shown between the weights of the values indicate that the community values definitely override the individuals' self-centered values.

The comparative analysis of the statistically adjusted value elements of the congregation in the penal institution and the civilian control group allows the following main conclusions to be drawn. The prominent position and weight of benevolence, universalism, self-direction are equivalent to those of the civilian control group. The value of conformity is the only one that is rejected from the values in the conservation group. Of the rejected values by the test group, power and achievement equals, concerning their spot and weight, with those of the civilian control group. Thus, the acceptance of values associated with selftranscendence, and the rejection of the values associated with self-enhancement follow a similar pattern in both groups. The values associated with selfenhancement were ranked even further back in the hierarchy, since the value of achievement came immediately before power. Therefore, the explicit choice between the two opposite poles of the axis of values is even more significant. Tradition and security, though trading places with each other, occupy the same position in the hierarchy of values, similarly to the case of the civilian control group. Conformity is strongly rejected by the test group. Its weighting is comparable to that by the civilian control group, but it is a less rejected value in their case. The position of the value stimulations can be interesting, as this is the only exception that shows significant differences in the value systems of the two groups. What seems to be the most reasonable explanation is that seeking thrills and living a varied life may be associated with the monotony of prison life.

The comparative analysis of the values by the congregation in the penal institution and the control group in the penal institution showed several significant differences. These differences were most noticeable and visible regarding the values 'power', 'conformity', 'tradition', and 'benevolence.' Power is among the strongly rejected values in both groups, but while in the case of the congregation in the penal institution power is the most strongly rejected value, in case of the control group in the penal institution, it ranks in the penultimate place 'only.' At first sight, this does not seem to be a significant difference. However, it is more meaningful to observe that the difference between the weightings calculated from the scores given by the two compared groups is huge - being 2.81 times higher. And it is different in such a manner that the congregation in the penal institution reject the value of power to the utmost. A tremendously similar phenomenon can be observed in case of the value benevolence found on the other endpoint of the axis of self-enhancement - self-transcendence. In spite of the similarities in ranking, the difference between the scores indicates the significant differences between the rankings of the two groups. According to this, the value benevolence, that is the prosperity and interests of others, is substantially more significant for the congregation in the penal institution. These two differences definitely point towards the fact that, along the axis of self-enhancement - self-transcendence, the value systems of the congregation in the penal institution is much closer to those of the civilian control group than to those of the control group in the penal institution. A similar phenomenon, although not as strong as the above, can be observed between the values universalism and achievement, the two other values of this axis. From the aspect of peaceful existence in a society, this value axis is probably the most essential, because it expresses the extent to which individuals care about their self-interests, or to what extent these individuals take into consideration the interests of others or the community, and thus our society, instead. The two other values showing significant differences (conformity and tradition) are found in the universal value conservation. Tradition shows significant differences not only in its scale, but also in its position in the hierarchy. The religious values considered more traditional are substantially more significant for the test group. There are no significant differences found in the values self-direction, stimulation, and hedonism located in the universal value openness to change that is opposite conservation.

As previously expected, the comparison between the control group in the penal institution control group and the civilian control group indicated the maximum variation and divergence possible. The weighting of the following values showed significant differences: Power, universalism, achievement, stimulation, conformity, tradition, benevolence, and hedonism. In essence, it was only the weighting of the values self-direction and security that showed no significant differences.

The members of the statistically adjusted test group regularly and actively participated in the religious education in the prison. As indicated in the questionnaires, none of them had ever had any previous presence of religious observance in their lives. The value systems of this group, in respect of both the ranking of values and their strength, show slight differences compared to the value systems of the civilian control group, but shares with them, at the same time, identical features in certain crucial points. Parallel to this, there are several significant differences observable in comparison with the value systems of the control group in the penal institution. With the exception of the value stimulation, it can be said that the value systems of the control group in the penal institution definitely and considerably closer to the value systems of the civilian control group that those of the control group in the penal institution.

The conclusions drawn from the findings

It has been demonstrated that religious education has a fundamental impact on the value systems of the inmates. This impact unequivocally converges their value systems to those of the congregations in the civilian world. Based on the differences of the first and second measurement, the following conclusions could be drawn: 1. The changes in the value systems and the intensity of the religious education are statistically significantly associated. Only sufficiently intense and regular religious education is capable of impacting the value systems of the inmates. 2. The findings are influenced by the fact whether the inmates are housed in a separate unit, where they are the least exposed to the effects of prisonisation, but most exposed to the inculturation by the prison missionary activities. 3. It is essential to properly select the inmates participating in the religious education carried out in the separate unit, in order to ensure that those who end up here should consider this opportunity of religious education an escape from the world of crime and from being a career criminal rather than considering it a favorable treatment. When selecting the participants, neither the crime committed, nor its punishment - in particular the time remaining to be served - can be a matter of consideration. At the same time, the individuals' motivational bases, and their family support could be decisive elements.

If we accept the precept that the value systems of the individuals could affect their actions, then the consequence inevitably follows that the social activities and actions - or at least their dominant elements - of those participating in the religious education will reflect a value system, which is more acceptable and useful to society rather than a value system of criminality, which is dangerous and deservedly rejected.

In order to ensure that the achievements are reflected in the social actions in the long term, it is also necessary to provide the recently released ex-inmates that they receive „continued religious education.” These can be programs that facilitate integration into congregations. A religious person's life can be problematic alone. That is why it is important to ensure that he participants in the religious programs, upon their release from the penal institution, be integrated into the church communities. This is indicated by the fact that those who only attend the religious occasions, but do not participate in at least separate programs, will be more heavily influenced by life in prison than by the religious occasions. It requires no further comment that these programs should not be state-initiated, but church-initiated, instead.

Finally, it must also be mentioned that religious education does not mean a general solution applied in and addressing all situations. Namely, it cannot be said that similar progress and outcome could be achieved by it in case of any and all groups of inmates. Similarly to the selection processes used in the APAC model originated from Brazil, such a model must also be applied in the domestic religious education. This should not and must not mean arbitrariness or discrimination. This can only mean that the opportunities must be open to those volunteers only who are open to changes and are willing to change - and could find religion as a tool for it.