...Punishment versus Rehabilitation AJS/502 March 17, 2012 Punishment versus Rehabilitation For centuries the criminal justice system has struggled with punishment versus rehabilitation. Rehabilitation is the belief in curing a criminal of his or her criminal tendencies. By curing the criminal of his or her tendencies, he or she will one day be cast out back into society and be a contributing member. The idea behind punishment is to deter society while giving the offender his or her just deserts. The criminal justice system is a complex machine that society has designed to rehabilitate the offender while punishing the offender. The question still remains, is punishment or rehabilitation more important, depending on the person will depend on the answer. Deterrence of Crime Deterrence is one primary objective of criminal law. The goal is to discourage members of society from committing criminal acts out of fear of punishment (Farlex, 2008). Facing the criminal justice system can be a powerful deterrent. If an individual breaks a law he or she will be apprehended, convicted, and punished (Farlex, 2008). Many researchers have begun to look at personal choice. “An understanding of personal choice is commonly based in a conception of rationality or rational choice” (Keel, 2005, para 1). Cesare Beccaria and Jeremy Bentham are early classical theorists who analyzed human behavior concepts. “The central points of this theory are: (1) The human being is a rational...
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...The paper of punishment versus rehabilitation 504 9/7/2015 William Miller The paper of punishment versus rehabilitation With the judicial system, of the United States several tactic methods of punishments use punishment with retribution, rehabilitation, public safety continues with prevention and fiscal. With the United States criminal justice, the system feels that punishment is better for retribution methods. In the current society, the criminal justice uses four methods; of punishment, it will stop the crime from happening. Certain individuals, within the community, think that these punishments are harsh on people although each punishment obtains their distinctiveness. The punishment also rehabilitation its efficiency Many individuals feel that rehabilitation has taken a back seat, to take charge of criminal activity at this current time. The process obtains punishment, will be a prison sentence as a general role. It is a certain way begins overpopulation within the prison, will have a specific impact on the rates criminal activity. Because of the specific way in the United States, the inmate’s population has an increase in amount two million individual in the corrections system. Within the 25 years earlier creates a large sum of research literature, which said the general cause to criminal conduct the certain discovery of the research thinks. That people concept to stop criminal activity will have to obtain the...
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...Rehabilitation versus Punishment for our Youth DeAnna Tefke Placing the same level of punishment on adolescents and minors as we do on adults causes more harm than good. Instead of rehabilitating our younger generation for crimes they commit, we are hurting them by providing harsh punishments that they cannot come back from. The juvenile sex offender’s registry and notification laws are controversial and proponents of these laws feel they act as deterrents to future offending even though there is no evidence to support this claim. In many cases recidivism has decreased with the proper assessment and treatment. Our country has an overzealous sex crime legislation dating back to the 1880s. In the United States there are three types of legislation dealing with sex crimes. The first was pre-World War II when offenders were subjected to indefinite institutionalization and sterilization. These policies were jointly influenced by the fields of sexology and eugenics (Ordover, 2003). Sexologists promoted the view that minor forms of sexual misbehavior would predict future sexual violence and homicide (Jenkins, 1998), whereas eugenicists promoted the view that criminal behavior was genetically determined (Ordover, 2003). Both of these fields developed the view that sexual offending was considered intractable, resistant to change and escalating, therefore, new legislation was established to enact extreme interventions by institutionalization offenders. In order to keep society...
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...Rehabilitation Versus Punishment Tyler Ross Macomb Community College In this essay, I will go over the issues of punishment versus rehabilitation for convicted offenders. The issues I will point out will be how punishment and rehabilitation affects deterrence of crime, how it impacts the victims and their families, and the financial impact upon society. This debate will show both pros and cons to punishment and rehabilitation. The criminal justice system and the public have opinions on how each should work and not work. I will go over each side of the issue when it should be time to punish or rehabilitate. The Deterrence theory is if one commits a crime the punishment should outweigh the crime. To prevent crime from occurring the law will show through punishment. The punishment should outweigh the crime. If you put the fear of punishment into the criminal, then he will think twice about committing the crime. Crime has been part of society for a long time, and the usual punishment is to incarcerate. Even though incarceration is a temporary fix for the felon, research shows “recidivism amongst convicted felons following release from prison is as high as 63%” and most of the inmates had arrest records and convictions prior to the incarceration of their current offense “ (Carson & Mulako-Wangota, 1989). Others argue rehabilitation is a deterrence to crime. Rehabilitation has long-term effect on offenders since it would prevent future crime from happening. Also rehabilitation...
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...Punishment Versus Rehabilitation Isabel Nevarez University of Phoenix AJS/504 Nicholas Russo August 17, 2015 This paper, I will discuss the issues of punishment versus rehabilitation. I will point out issues on how punishment and rehabilitation affects deterrence of crime, how it affects victims and their family. I will also discuss how it affects offenders, the impact it has on society, and the fiscal impact upon society. Punishment and rehabilitation helps the inmate in different ways. This will show both pros and cons to punishment and rehabilitation. Punishment versus Rehabilitation The criminal justice system uses two objectives, these are punishment and rehabilitation. Society looks at these two with high prospects but the question is will the justice system live up to these expectation? The justice system and the community have beliefs on punishment and rehabilitation and how they should or should not work. Each one of these objectives will be addressed. Deterrence of Crime Deterrence theory comes down to if an offender commits a crime the benefit should outweigh the crime itself, if not, the offender will think twice before committing another crime. The deterrence theory does not explain criminal behavior. To prevent crime from happening again the criminal justice system use punishment, but the punishment should outweigh the potential crime. Crime has been a part of society for centuries. The most common form of punishment for the offender is to be put...
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...Punishment versus Rehabilitation Paper Punishment versus Rehabilitation Paper Punishment versus Rehabilitation The criminal justice system has four objectives. They are deterrence, punishment, incapacitation, and rehabilitation. Of these four deterrence, punishment, and incapacitation typically work together. Anytime a person commits a crime, punishment and rehabilitation are needed to address the problem swiftly and effectually. (Punishment vs. Rehabilitation: A Proposal for Revising Sentencing Practices, 1991). When the offender moves from prison to a step-down unit as they get closer to his or her release, they tend to have other issues other than drug and alcohol rehabilitation, and this is what causes recidivism. Research has shown that many prisoners in super maximum units experience extremely high levels of anxiety and other negative emotion. When released, often without any "decompression" period in lower security facilities, they have few of the social or occupational skills necessary to succeed in the outside world (Rehabilitate or Punish, 2003). Craig Haney, Ph.D. states, "This is what prison systems do under the emergency circumstance, they move to punitive social control mechanisms. But it's a very short-term solution, and one that may do more long-term damage both to the system and to the individuals than it solves (Rehabilitate or Punish, 2003)." Throughout this paper, I will be a discussing the strengths of punishment, and how it deters the offenders...
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...Juvenile Rehabilitation Shelly Stanko CJS/240 February 26, 2012 Farrell Binder Juvenile Rehabilitation In the previous few decades, the United States justice policy has become more punitive. In particular, in the 1990s legislatures all over the county passed laws under which an increasing number of young people can be charged in criminal courts and incarcerated in adult prisons. Certainly, in nearly every state today, youths between 13 and 14 can be prosecuted and penalized as adults for an array of crimes including non-violent offenses (Kristin, 2009). Punishments have become more severe even in the juvenile system. Generally, it is believed that the rising anxiety among citizens concerning the threat of juvenile crime has propelled this tendency and that members of the public favor this legislative tendency toward severe punishment. However, it is unclear whether this opinion about the right solutions to youth crime is precise. On the other hand, different surveys have found the public favors tougher policies regarding youth crime and punishing juveniles as severely as adults. However, a thorough review of sources of information about public views indicates that the perception that the public favors punishment for youths is largely based on either opinion surveys that pose few simplistic questions or publicized crimes like school shootings. It is possible that analysis of public views...
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...Punishment versus Rehabilitation Paper Punishment versus Rehabilitation Paper Punishment versus Rehabilitation The criminal justice system has four objectives. They are deterrence, punishment, incapacitation, and rehabilitation. Of these four deterrence, punishment, and incapacitation typically work together. Anytime a person commits a crime, punishment and rehabilitation are needed to address the problem swiftly and effectually. (Punishment vs. Rehabilitation: A Proposal for Revising Sentencing Practices, 1991). When the offender moves from prison to a step-down unit as they get closer to his or her release, they tend to have other issues other than drug and alcohol rehabilitation, and this is what causes recidivism. Research has shown that many prisoners in super maximum units experience extremely high levels of anxiety and other negative emotion. When released, often without any "decompression" period in lower security facilities, they have few of the social or occupational skills necessary to succeed in the outside world (Rehabilitate or Punish, 2003). Craig Haney, Ph.D. states, "This is what prison systems do under the emergency circumstance, they move to punitive social control mechanisms. But it's a very short-term solution, and one that may do more long-term damage both to the system and to the individuals than it solves (Rehabilitate or Punish, 2003)." Throughout this paper, I will be a discussing the strengths of punishment, and how it deters the offenders...
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...daunting task in addressing the issues that overpopulation causes. “Apart from the highest priority of addressing prison population growth, prison managers are often confronted with an array of issues relating to imprisonment practices and their consequences” (Greenfeld, Beck, & Gillard, 1996, p.9). Development and Operations of Institutions The development and operations of institutions appears to operate around two opposing philosophies if punishment versus rehabilitation. The evolution of the development of corrections past, present and future has seen many changes throughout the inception of prisons. In the past the trends for prisons were solitary confinement with little concern for the rehabilitation of inmates. The well-being of the inmate was not a major concern. After all they got what they deserved, right? Society wanted criminals to be punished for his or her crimes. Societal views on crime and criminal behaviors shape the structuring of stricter sentencing over rehabilitation. The views on punishment versus rehabilitation often have a direct correlation on the length of sentencing for defendants. “When...
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...reinstated in Minnesota, as it is a necessary form of punishment for careless and coldblooded calloused killers. Whom show no reguard in preserving the life of the person they kill, why should we show reguard to theres. The eye eye for an eye . The punishment should fit the crime committed. Does is make sense for a person who commits a petty crime such as stealing a candy bar, versus a person who kills and dismembers a human or that raped and killed a little girl decapitating her. The killer deserves the same punishment, no obviously in situations like described the death penalty is a necessary form of punishment. [P] 2. I am in favor of X (The death penalty in Minnesota) Because Y – Capital crimes deserve capital punishment. If a person commits an act that is so ungodly in nature the person should face severe punishment. There is not a fear factor affect, if a person can commit murderous crimes and face no punishment to the same degree. Then in that case people will thinks is ok because no extreme or potentially fatal punishment is an option so they don’t care if they just go to prison for life. [P] Capital punishment which is often misprecieved as vengeful punishment, as supporters of the death penalty, I believe it serves as a form of retributive justice. Any person who breaks a law committing a crime that fits in the nature of dispictable crimes deserving retributive justice not rehabilitation. The person is sentenced on their crime and punished...
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...Punishment verses Rehabilitation Kevin Atkinson University of Phoenix AJS/502 Steven Cook March 30, 2015 The purpose of this paper is to compare the effectiveness of punishment compared to the effectiveness of rehabilitation, as well as their effects on the victims, offenders, social society and fiscal society. The criminal justice system actually has four objectives. Two of them are punishment 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...
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...Criminal Justice Trends Evaluation Anthony Tomlin CJA/394 May 1, 2014 Professor Ken Jones Criminal Justice Trends Evaluation The American criminal justice system serves as a means for retribution and rehabilitation for criminals. In the early inception of the criminal justice system juries held the sentencing powers – convicting most criminals to death. Over the years sentencing powers shifted to judges. In this paper we will discuss the problems and changes in the criminal justice processes. The criminal justice system is not perfect but over the years there has been an continued improvement in the process. There are issues with the system that are being addressed such as prison overcrowding, three strikes rule, the disparity in sentencing for certain drug convictions, and the sentencing of minority groups. There are several future trends, such as training and educating law enforcement personnel, rehabilitating criminals, and law enforcement being proactive versus reactive. There are changes in the criminal justice system occurring and changes being lobbied by politicians. The future of criminal justice is constantly evolving with time but the full extent of how the changes will affect the system is not fully known. Some suggest laws of the past have been left behind by society and that change to the criminal justice system requires an overhaul to laws. Understand some of the crimes individuals commit warrant the sentencing received because...
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...Should juveniles be tried as adults? Does it depend on the crime committed? If so, what should be the determining factor(s) in deciding to transfer juveniles to adult courts? Case Assignment 4 September 5, 2011 Violent crimes committed by juveniles have fluctuated over the years. The children of today are subjected to violence in popular songs, television shows, and even computer games. Parents’ having guns accessible to children and the society the child lives in all play a part in the destruction of our youth. Juvenile offenders are now facing tougher punishment for their actions. When a child kills, does he instantly become an adult? Or does he maintain some trappings of childhood, despite the gravity of his or her actions? These are the questions plaguing the American legal system today, as the violent acts of juvenile offenders continue to make headlines. The Juvenile correction system is about one hundred years old. It was created in the 1800s on the philosophy that children are inherently different from adults and it is the state’s responsibility to protect and rehabilitate young offenders. Until the inception of the youth justice system, children were tried in criminal courts along with adults. Movement for juvenile justice reform was informed by the 16th century educational reform movement in England that perceived children to be different than miniature adults, with less than fully developed moral and cognitive capacities. As early as 1825, the Society for...
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...the way sentence is carried out. Namely, punishment as in the adult system must be avoided and continued to be replaced by rehabilitation. In recent years, there has been intensive debate about whether the juvenile justice system should focus its limited resources on rehabilitation or punishment to curtail the rising statistics in juvenile delinquency. It is my belief that the juvenile justice system should primarily focus on the process of juvenile rehabilitation as opposed to strictly punishment. This paper will include an assessment of law enforcement, court processes, probation corrections, and community services as well as the intervention programs currently available to increase the incidents of juvenile delinquency. In this paper the subject to examine is both sides of the spectrum and try to show that the process of rehabilitation, rather than just straight punishment will provide a more effective solution to the problem of juvenile delinquency. I will be examining some of the arguments that oppose the views of rehabilitation over punishment and attempt to prove that the arguments for punishment are not as valid as those for rehabilitation. This paper will also provide evidence to support the claims that rehabilitation is a more effective way to resolve some of the issues which that are apparent in the juvenile justice system. Juveniles who complete rehabilitation instead of being punished for their crimes...
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...“Prisons versus rehabilitation centers” is an ongoing debate worldwide, and the answer to this question is far from clear. Drug addiction is said to be a brain disease that affects behavior, the brain’s anatomy and chemistry. These brain changes interfere with your ability to think clearly, control your behavior, and feel normal without drugs. While under the influence of drugs, some people commit acts that they would not normally do. So does that mean a person addicted to drugs should not be held accountable for their actions? Rehabilitation offers to change a person’s negative lifestyle habits into positive ones, by correcting the behavior of offenders through treatment, education, and counseling. For that first and second time nonviolent, simple drug possession offenders, drug abuse treatment in a rehabilitation canter can be effective. The same cannot be said for a repeat drug offender and a person under the influence of drugs that commits a criminal offense. People are sent to prison for committing crimes. Why should a drug abuser committing crimes be any different? Drug offenders should be held accountable for their actions and sent to prison. Prisons detour recidivism, as well as, provide specialized services and programs to meet the needs of the offender. Drug addiction is a problem in our society, and it is spread in almost every country over the world. People who are addicted feel an overwhelming, uncontrollable dependence for the drug, and will continue...
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