...and rehabilitation. These are the two objectives that society has the highest expectations of and the greatest interest in. Both the criminal justice system and the public each have their own opinions on how each of the objectives will or will not work. These two objectives are normally paired together, however no system relies on incarceration for a short time and then rehabilitation for a lengthy period of time. Both punishment and rehabilitation are primary focuses among correctional facilities, it is up to the facility which it chooses to put as its primary. The most common form of punishment is incarceration. Their primary goal is deterrence of crime. Deterrence can be categorized into three areas; special, specific and general deterrence. Rehabilitation has been proven an effective way of deterring inmates from repeating a crime. Punishment stops the crime immediately however it affects inmates psychologically. Two thirds of prisoners reoffend within three years of their release from prison typically with a more violent crime. Typically more than 90% of a prisons population is released into society within a few years of their incarceration. More often...
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...Physically prevent offenders from committing additional crimes against society. Retribution: (just Deserts). Offenders need to pay for their crimes. Deterrence: You understand this from the previous chapter. Rehabilitation: The ‘forgotten’ goal. Restitution: The offender “compensate” the victim, victim’s family of community for the crime. It can be community service or money for property crimes. In the case of murder and violent offense it can be apologizes and/or convincing remorse for their crimes. They help the victim forgiveness is healthier than anger. This is often referred to as Restorative Justice. Types of Incarceration Jails (city and county level): They confine those awaiting trail and those serving ‘short’ sentences. Depending on the state sentences can range from a maximum of one year (NY and NJ) to five years (PA). Approximately 50% of those in jail are bail eligible (they simply cannot afford – you only need to post 10%). Generally conditions in jails are much worse than prison. They tend to be Under-funded, under-staffed, people coming and going, high staff turnover, people coming off the street with drug/alcohol/mental conditions, and far fewer activities. Prisons: State custody, more serious offenders with longer sentences. Prison have far more resources than jails. The Incarceration Binge Causes 1, Three Strikes/Mandatory Minimums: A Classic Bait and Switch These and Mandatory minimums were intended keep thee 3-time violent...
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...Punishment vs Rehabilitation Alana Plummer AJS/502 The way our society is set up it is expected for the criminal justice system to either punish or rehabilitate an individual that commits a crime. Punishment is a condition to refer to any change that occurs after a behavior that reduces the likelihood that that behavior will occur again in the future. Rehabilitation is a treatment and training to an offender so that he or she is made capable of returning to society. There are differences between the effectiveness of punishment compared with the effectiveness of rehabilitation of convicted offenders in prison and under community supervision. Punishment and rehabilitation both are effective with the deterrence of crime, effects on victims and offenders, society and the fiscal effect on society. Deterrence Deterrence is the act of preventing a particular act or behavior from happening. In the criminal justice system deterrence is used to prevent an individual from committing a future crime. Punishment can be an effective deterrence when an individual is sent to jail. Prison is a form of punishment. Prison is a temporary solution while the offender is incarcerated. The highest form of punishment in the criminal justice system is capital punishment. The death penalty is used to deter people from committing crimes. Capital punishment is defined as a form of putting one to death because of a crime a person has committed. The seriousness of the crime determines the punishment...
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...overcrowding. Even thou many new prisons have been built throughout the nation during the past 20 years to accommodate the growing number of inmates, prison overcrowding is still very much a reality in many jurisdictions. Overcrowding by itself is not cruel and unusual punishment, according to the U.S. Supreme Court in Rhodes vs. Chapman (1981), which considered the issue of double bunking along with other alleged forms of “deprivation” at the Southern Ohio Correctional Facility... The court, reasoning that overcrowding is not necessarily dangerous if other prison services are adequate, held that prison housing conditions maybe “restrictive and even harsh”, for they are part of the penalty that offenders pay for their crimes. The Fourth Amendment to the U.S. Constitution guarantee free citizens that right against unreasonable searches and seizures. Some states however had to scramble in an attempt to implement selective incarceration principles. In 2009, for example a federal judicial panel ordered the release of almost 60,000 California prison inmates due to overcrowding. The main reasons that crime has decreased over the years, but incarceration rates have increased is war on drugs, three-strike rules, and reduction in individual paroled. I strongly believed educating inmates while incarcerated can be good advantage for them so they want be repeated offenders when their released....
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...must determine a fair and proper sentence to fit the crime. Too much may spark outrage in the public, as will too light of a sentence. The judge must find a way to serve true justice to the defendant. However, generally no matter what the sentence is, someone will be dissatisfied. Over the next few paragraph, how these sentences affect the correction system and the overall objective will be examined. The difference between in determinate and indeterminate sentencing will also be examined. Objective and Effects of Sentencing The overall goal of sentencing a person is to deter future criminal acts. Some people believe that inmates should be sentenced for rehabilitation, whereas others believe in strictly deterrence. With America’s “tough on crime” stance, the model tends to be based more on solely punishing than rehabilitating. However, sentencing overly tough on minor crimes can have drastic effects. The effects of a sentence cannot only affect the defendant and the victim, it can also affect the American people. American has adopted a “tough on crime” attitude. This would seem to be a logical approach. However, the science of using harsher sentencing tactics...
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... Larry Doyle Objectives of Punishment 2 Punishment is the authoritative imposition of something negative or unpleasant on a person, animal and/or society in concern to the behavior or act considered wrong and/or illegal by a single entity or society as a whole. Punishments account for their degree of severity of their unpleasantness, and may include punishments such as reprimands, restrictions of privileges and/or liberty, fines, incarcerations, ostracism, the infliction of pain, and the death penalty. * * There are five main objectives to the punishment of criminals within the criminal justice system. 1) Incapacitation: if the criminal is in jail or prison then society does not have to be concerned that the criminal will commit another crime. 2) Deterrence: Threaten the criminals with harsher and longer sentencing laws in order to deter them from committing more crimes, 3) Restitution: Make the criminal return payment for any and all damages occurred during the commission of his/her crime. 4) Retribution: This is also considered revenge, “an eye for an eye; a tooth for a tooth”, The criminal done harm...
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...states have the death penalty. There are currently 35 states with the death penalty and 15 states that do not have it. When the word death penalty is used, it stirs up a lot of debates from both the people that agree versus the ones that do not. One side may say it acts as deterrence from others to not commit crimes, while the other side may say, but it may take the life of an innocent man. Federal, state, and local officials need to recognize that the death penalty saves lives. How capital punishment affects murder rates can be explained through general deterrence theory, which supposes that increasing the risk of apprehension and punishment for crime deters individuals from committing crime. Nobel laureate Gary S. Becker's seminal 1968 study of the economics of crime assumed that individuals respond to the costs and benefits of committing crime. According to deterrence theory, criminals are no different from law-abiding people. Criminals "rationally maximize their own self-interest (utility) subject to constraints (prices, incomes) that they face in the marketplace and elsewhere."[11] Individuals make their decisions based on the net costs and benefits of each alternative. Thus, deterrence theory provides a basis for analyzing how capital punishment should influence murder rates. Over the years, several studies have demonstrated a...
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...Prison re-entry refers to the transition of offenders from prisons or jails back into the community. The concept of life in society is an important part of any reintegration of institutionalized people, including people who have been incarcerated for committing a crime. The institutionalization of a population leads to isolation, segregation and detachment of the elements of a company defining the basis of citizenship. Although individuals often returning to the community focus more on the choice of where they dwell, their long-term success in society is more likely to be dependent on the social roles they have chosen to play, to the extent that they will engage in the community and they have been prepared for this purpose during their incarceration or institutionalization. Reentry can help reduce recidivism as well as assist those who have been previously incarcerated to begin leading law abiding lives once released into society. However, overtime the importance of prisoner reentry has been drastically lowered with less emphasis on helping those to prepare for their release and with post release community integration. As a result, the shortage of reentry programs and limited responsibility of probation or parole to assist in re-entry; the rate at which people return to prison or jail is high. Keywords: reentry, recidivism, institutionalization Re-Entry and Its Effects: Institutional and Post Release Those who are incarcerated do not only serve time inside their prison...
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...Federal Prison Comparison Matrix Angel Kennedy CJS/255 March 7, 2016 Richard Gilbert Jail vs Prison Is there a difference between jail and prison, and if so, what factors separate the two? The belief each place is practically the same is a common misconception, however; there is one fundamental component in which governs the temporary or permanent placement of an offender. A jail’s and prison’s quality of food, facility resources, and availability of rehabilitative programs are all different, but; “the fundamental difference between jail and prison is the length of stay for inmates” (HG.org, 1995-2016) Jail and Its Place in Corrections The correctional mission of jails today is to use the combination of incarceration and rehabilitative methods to deter criminals from recommitting. Once officers have detained an offender, he or she is escorted to a local jail. Upon arrival, the criminal is taken into the "booking area" where he or she will undergo a process in which will determine placement: finger printing, photographing, stripping of personal property, examination, and bathing. If the criminal cannot make bond due to lack of funds or a bond was not given, the criminal will remain in custody until a trial is set, usually within the first twenty-four hours. According to BI, the average jail stay is twenty-three days, a sixty-four percent increase from fourteen days (2015). Rehabilitative programs are offered to those who have been sentenced to a year or more. The majority...
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...Sentencing Paper Tushar Vincent Botlero 12 March 2012 CJ/A-234 Melissa Andrewjeski Sentencing Paper Punishment has been a subject of deliberate among philosophers, political leaders, and lawyers for centuries. Various theories of punishment have been developed, each of which attempts to justify the practice in some form and to state its proper objectives. The quantity and severity of punishments were reduced, the prison system have been improved. According to the Montgomery County Correctional Facility, Maryland, some of the major reasons for punishment are to reform, deterrence, rehabilitation, compensation, and retribution. Punishment for reform is intended to benefit the offender and society by changing the offender into a contributor to society. Punishment as deterrence is intended to benefit society by discouraging would-be offenders. Punishment to extract compensation is intended to benefit the victim of the offender. Finally, retribution is the only object for punishment that is primarily intended to harm the offender. Individuals are in prison because they broke the rules and would have to serve their time. Some go to federal prison and some go to state prisons. It depends on the type of crime that a person commits because these prisons harbor different types of criminals they also have different guidelines to follow in terms to punishing the inmates. Criminal offenders who benefit from prevention services and are at risk of committing...
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...Criminal Justice System CJA/204 Criminal Justice System The following paper summarizes the criminal justice system in our culture, its goals and dependencies and the processes within. It will address what crime is, to how its citizens are processed, the government structure and whether or not it is actually a system. Crime and its Relationship to Law As defined by the Oxford dictionary, crime is defined as “An action or omission that constitutes an offense that may be prosecuted by the state and is punishable by law.” The two most common models of how society determines which acts are criminal are the Consensus model and the Conflict model. The Consensus model supports the idea that the makeup of the criminal justice system from police to corrections and the methods of obtaining information to criminal punishment are in agreement in working to achieve the same outcome. This is done through the cooperation of all parties involved, each striving for a common goal. The Conflict model supports the individual person and/or agencies in which the benefits of the system are personal with disregard to others involved. Success is determined not by the system as a whole working together, but rather, the individual obtaining a pay raise, notoriety, and the ability of their personal achievements. This model’s success is focused more on the individual rather than the sum of the parts. Government Structure and its application to the Criminal...
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...Purpose and History Paper Purpose and History Paper For at least a century, Prisons have always been a part of society. For many decades, penitentiaries have been embedded into our society as form of rehabilitation; or in some cases, a form of order and public safety. Throughout history, penitentiaries had evolved steadily; however, some may say that these facilities have evolved into something that was never intended. With that being said, let’s explore how penitentiaries were originated. Today, Prisons are recognized as a ‘method” of corrections, as well as, a form of deterrence; however, this wasn’t the case many years ago. During the early 1600s, prisons were known as jails. These jails were recognized as temporary rehabilitation facilities for just minor offenders (National Institute of Corrections, 1986). These jail facilities instituted punishments in the forms of shackles, lashings, and hard labor on the minor offenders. Even though these facilities were known to be a huge success, they were still primarily for minor offenders. Serious offenders were still tortured, mutilated, deported, and even executed (Smith, 2006, Chapter 4). During the 1700’s, Europe & North American jails weren't so organized. Jail and workhouse administrators were allowed to anything that they wanted with their inmates. The government was very lenient. Inmates were permitted by jail keepers to do anything they pleased. Inmates were permitted to make up their own rules. While there...
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...A Retreat in the CJS 1 A Retreat in the Criminal Justice System Stephanie Karam ENG1100BB Karenza Sutton-Bennett November 25, 2014 A Retreat in the CJS 2 Abstract In contemporary culture, an emphasis on a “tough on crime” criminal justice system has been a topic of debate amongst all citizens. In this paper, a comparison of statistical evidence and treatment rates will be discussed. The purpose is to stipulate evidence of declining crime rates, and alternative sanctions to the crime bill c-10. In addition, a consultation of rehabilitation methods and apprehension of why there is a disproportionality of Aboriginal people in the Criminal Justice System will be explored. The data discovered suggests that the legislation was enacted for political reasoning, without the consideration of underlying causes of criminal activity. Furthermore, rehabilitation treatments have shown to lower recidivism, and are used to stress the importance on investigating the root cause of criminal behaviour. Finally, the restorative justice model is adopted to promote the sense of moral wrong in the individual’s crime. A Retreat in the CJS 3 In recent years, the Canadian government has been working on implementing a stricter justice system. The omnibus crime bill C-10, was enacted in order to achieve this measure. The act consists of a concept in which includes harsher sentencing, mandatory minimums and a zero tolerance policy. This legislation attempts to put victims first, instead of defending the...
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...Juvenile Crimes and Social Deviance Juvenile crimes have been decreasing since their all-time high in 1994 however the nature of their crimes had been drastically changing for the worse. Social deviance is defined as actions and/or behaviors that violated social norms. Over the past few decades many children have desired to be deviant while others have been forced into it. Petty crimes are becoming more common in today’s society, which is causing kids to have to go to more extremes to be deviant and thus resulting in more severe reactions to this behavior. The cause of juvenile violence is frequently related to one of two things; the child was exposed to violence when they were young or they are trying to fit into a deviant crowd. In 2008 approximately 10% of the children under 18 had been injured in an assault, 46% had been assaulted and 60% had been exposed to violence and/or crime. (Crime Solutions) Children who have been exposed to violence when they were young are more likely to commit crime when they are older. Children who were younger than 12 when they were exposed to the violence or crime are the most likely to commit crimes later in life. (United States Department of Justice) Children who face violence at home are also more likely to become a runaway, which makes it much easier to run into the wrong crowd. There is an increasing amount of children in abusive homes who end up trying to become vigilantes towards the abuser in order to make the abuse stop...
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...Critics charge that executions are violations of the “cruel and unusual punishment” provision of the Eighth Amendment; while supporters of the death penalty counter that this clause was not intended to prohibit legal executions. In the 1972 court case of Furman vs. Georgia , the U.S. Supreme Court ruled that capital punishment was no longer legal. However, in Gregg v. Georgia (1976), the court allowed capital punishments to resume in certain states, and shortly thereafter, Gary Gilmore was executed by a firing squad in Utah. Since the reinstatement of capital punishment in the United States,a separate penalty trial has been required for some capital cases, at which time the jury reviews circumstances that suggest the need for capital punishment. In 1982, Texas became the first state to execute a prisoner using lethal injection; other common methods of execution used in the United States include lethal gas and electrocution. In recent years, the Supreme Court has made it more difficult for death row prisoners to file appeals. Nearly 3 of 4 americans support the death sentence as a form of punishment. The other third has condemned it and their list of claims against it is long. Opponents challenge proponents on issues of deterrence, economics, fallibility, and rehabilitation. Their indifference to capital punishment is founded on constitutional and moral grounds. In societies best interest and for the safety of individuals, capital punishment is a respectable form of retribution for a...
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