...The Penal Treatments of Offenders Prof. Dr. Ayman Elzeiny A:- The Ideology of Treatment : 'The abandonment of the word "punishment" in favor of "corrections" was a reflection of a trend favoring an approach to the offender much the same as would be made to the mentally ill, neglected, or underprivileged. It was based on a more humane ideology, a treatment model, in which criminal behavior is seen as a manifestation of pathology that can be handled by some form of therapeutic activity. However, although the criminal may be referred to as sick, a treatment ideology is not analogous to a medical approach. The justification for the comparison with physical and mental illness lies in the assumed need for the offender to recognize the danger and undesirability of his criminal behavior and make a significant effort to renounce it. The treatment model does not "remove" criminal behavior, as surgery might remove a malignancy or chemotherapy extinguish an infection; rather the "patient" or inmate is made to see the rewards of socially acceptable behavior and encouraged to adopt it as a mode of conduct for himself. (1) Contrary to some popular misconceptions, the treatment ideology does not mean that inmates are "coddled" and permitted to do as they please within an institution. ______________________________ (1) Sanford Bates, "The Establishment and Early Years of the Federal Probation System," Federal Probation 51 June 1987, p : 4-9. - National Advisory...
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...Jail and Prison Paper Tameki Reed CJA/204 05/31/11 Robert White Jail and Prison Paper When it comes to jail and prison, there is a distinctive set of differences. Jail is a place of incarceration that is locally operated, while prisons are conducted by the state government or the federal government. Within the United States, there are about 3,600 jails but there are only about 100 federal prisons or rehabilitation facilities. Jails house inmates who have been convicted of a misdemeanors and their sentence is no greater than two years. In addition, a person may be held in jail while awaiting trial, has an unpaid bond, or was recently jailed. If a person is convicted of a state crime he or she will serve their sentence in a state prison as opposed to federal crimes which lands offenders in federal prisons. A jail’s amenities are very limited because of the light sentence and short periods of time spent there. A county jail offers work release, substance abuse programs, and may provide basic necessities to inmates. Prisons also offer work release programs, vocational training, halfway houses, as well as recreational facilities. Inmates at prisons will serve decades within the facility while others have to serve lifetime sentences behind bars. A major concern of prison staff and administrators is disruptive and violent behavior. Their concerns pertain to the safety of inmates as well as employees of the prison facility. Disruptive and violent behavior is not tolerated in...
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...Terrence Graham was convicted in Florida as having committed armed robbery. Graham already had burglary and attempted robbery charges on his record. The Florida state court convicted him to life in prison without the possibility of parole. Graham appealed the decision, saying that this sentence was in violation of the Eighth Amendment in that it constituted cruel and unusual punishment. When the case went to the Supreme Court, they ruled that it was unconstitutional for a juvenile to be sentenced to life in prison without parole for a non-homicidal...
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...The Parole and Probation Administration of the Philippines The Parole and Probation Administration (Filipino: Pangasiwaan ng Parol at Probasyon), abbreviated as PPA, is an agency of the Philippine government under the Department of Justice responsible for providing a less costly alternative to imprisonment of first-time offenders who are likely to respond to individualized community-based treatment programs. HISTORY: Probation was first introduced in the Philippines during the American colonial period (1898–1945) with the enactment of Act No. 4221 of the Philippine Legislature on August 7, 1935. This law created a Probation Office under the Department of Justice. On November 16, 1937, after barely two years of existence, the Supreme Court of the Philippines declared the Probation Law unconstitutional because of some defects in the law's procedural framework. In 1972, House Bill No. 393 was filed in Congress, which would establish a probation system in the Philippines. This bill avoided the objectionable features of Act 4221 that struck down the 1935 law as unconstitutional. The bill was passed by the House of Representatives, but was pending in the Senate when Martial Law was declared and Congress was abolished. In 1975, the National Police Commission Interdisciplinary drafted a Probation Law. After 18 technical hearings over a period of six months, the draft decree was presented to a selected group of 369 jurists, penologists, civic leaders and social and behavioral...
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...in the United States have evolved since 1930. The United States Federal Prisons range in security levels to house inmates that have been incarcerated on a federal level. Based upon the security level in a facility, inmates are given more freedom and have lower staff to inmate ratios. Inmates are required to work so long as their health is cleared, and some prisons offer inmate labor that can contribute to them returning to society. Prisoners are required to have their basic needs met while housed in a federal correction facility, which includes education, health care, and religious demeanor. While federal prisons are trying to maintain standards they face issues such as overcrowding, which can largely effect how the facilities are ran. Recommendations to overcome overcrowding and better facilitate a prisoners release to society will be provided. History of Prisons in the United States “Pursuant to Pub. L. No. 71-218, 46 Stat. 325 (1930), the Bureau of Prisons was established within the Department of Justice and charged with the "management and regulation of all Federal penal and correctional institutions." This responsibility covered the administration of the 11 Federal prisons in operation at the time.” (Federal Bureau of Prisons, n.d.). Since correctional facilities were mandated they have grown and evolved to this current day, and still continue to increase in both size and inmates housed. Federal correctional facilities are located throughout the United States and range...
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...Laurie Mosley Ethics Mrs. Kauffman May 30, 2015 Juvenile Capital Punishment The youngest offender ever executed in the United States was James Arcene, a ten year old Cherokee, who was hanged in Arkansas in 1885 for participating in a robbery and murder (James Austin, 2000). Juvenile capital punishment has always been a highly controversial and publicized matter. As a society we recognize that children, those under eighteen years old, cannot and do not function as adults. Because children do not function as adults, the law takes special steps to protect children from the consequences of their actions and often gives them a second chance. The law prohibits people under eighteen years old from voting, serving in the military, and serving on juries. Majority of the criminals are male offenders over twenty years old, but this is changing rapidly. Not only are adults committing capital offenses, but children who are under eighteen years old are committing such heinous offenses. A child that commits a heinous crime is not mentally capable of comprehending the crime he or she commits. The system of values in the age under eighteen is not built yet, other people can easily influence children, and the psychiatric processes are not yet stable. Under these conditions a child should never be sentenced to death or a life in prison because their mind is not fully developed. Children still have a chance to change and be rehabilitated. ...
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...Course Syllabus ________________________________________________________ CJS 200 Foundations of the Criminal Justice System Course Start Date: 08/01/2011 Group ID: AAGR0Z9835 Facilitator: Lee Rankin Copyright Copyright © 2011, 2010, 2009, 2007 by University of Phoenix. All rights reserved. University of Phoenix® is a registered trademark of Apollo Group, Inc. in the United States and/or other countries. Microsoft®, Windows®, and Windows NT® are registered trademarks of Microsoft Corporation in the United States and/or other countries. All other company and product names are trademarks or registered trademarks of their respective companies. Use of these marks is not intended to imply endorsement, sponsorship, or affiliation. Edited in accordance with University of Phoenix® editorial standards and practices. ------------------------------------------------- Course Description This course is an introductory overview of the organization and jurisdictions of local, state, and federal law enforcement, judicial and corrections agencies, and processes involved in the criminal justice systems. It examines the historical aspects of the police, the courts, and the correctional system, as well as the philosophy. Additionally, career opportunities and qualifying requirements, terminology, and constitutional limitations of the system will also be covered. ------------------------------------------------- Course Topics...
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...Jail and Prison Comparison Jorge Villalta CJA/204 February 04, 2014 Robert Nicholas Jail and Prison Comparison Human beings, throughout our history have devised ingenious ways to “punish” others for real crime and perceived transgressions. Corrections is the principal function of the management of criminals after sentencing; punishments, secure facilities used to hold offenders, and the discipline. (Seiter, 2011) Similar to modern days in Corrections, jails are still ran by the local sheriff’s department. Each county or state maintain its own incarceration system. Jail is a secure holding facility for criminal offenders of a sentence of a year or less. An offender would get incarcerated for a crime that breaks the federal law and an offender who breaks a state law may get incarcerated in a state prison. Both federal and state prisons have different levels of security for people convicted of different things such as low, medium, and high security. Most security levels are made up to hold different levels of dangerous criminals. Minimum security prisons are less tight with their security because prisoners at this level are considered to pose little risk. There is less supervision over the internal movements of prisoners, as well as communal showers, toilets, sinks, and some internet access. Minimum level security prisons also offer little supervised programs, such as community service roadside. Medium security level prisons usually...
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...ACT NO. 4103 (As Amended by Act No. 4225 and Republic Act No. 4203 [June 19, 1965]) . AN ACT TO PROVIDE FOR AN INDETERMINATE SENTENCE AND PAROLE FOR ALL PERSONS CONVICTED OF CERTAIN CRIMES BY THE COURTS OF THE PHILIPPINE ISLANDS; TO CREATE A BOARD OF INDETERMINATE SENTENCE AND TO PROVIDE FUNDS THEREFOR; AND FOR OTHER PURPOSES. Section 1. Hereafter, in imposing a prison sentence for an offense punished by the Revised Penal Code, or its amendments, the court shall sentence the accused to an indeterminate sentence the maximum term of which shall be that which, in view of the attending circumstances, could be properly imposed under the rules of the said Code, and the minimum which shall be within the range of the penalty next lower to that prescribed by the Code for the offense; and if the offense is punished by any other law, the court shall sentence the accused to an indeterminate sentence, the maximum term of which shall not exceed the maximum fixed by said law and the minimum shall not be less than the minimum term prescribed by the same. Section 2. This Act shall not apply to persons convicted of offenses punished with death penalty or life-imprisonment; to those convicted of treason, conspiracy or proposal to commit treason; to those convicted of misprision of treason, rebellion, sedition or espionage; to those convicted of piracy; to those who are habitual delinquents; to those who have escaped from confinement or evaded sentence; to those who having been...
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...that are conducted outside the legal process such as vigilantism and the legal remedies are those that are made by law, a court decision, and police agency policy or procedure. In the criminal procedure process the most significant remedy is the exclusionary rule. The exclusionary rule means exclusion; it states any evidence that was obtained in any violation of the constitution will not be presented in a criminal court to prove guilt. In 1886 the rule was used in the case Boyd v. United States (116 U.S. 616 [1886], Worrall, 2012).With this case the courts held that the evidence was improbably obtained and it was within violation with amendment fourth and fifth. The fourth amendment is illegal search and seizer while the fifth Amendment secures self-incrimination. By 1960 different states had come up with their own version similar to the exclusionary rule such within Elkins v. United States (Elkins v. United States, 364 U.S. 206 [1960], Worrall, 2012) . In this case the silver platter doctrine has been accessible. This doctrine permits use of evidence in a federal court that was found or gathered illegally. Eventually the courts figured out that the doctrine allowed state law enforcement to ask enforcement officials to seize the evidence, even if it violate the constitution so there for the doctrine was thrown out. There are many different thoughts of the functional to the exclusionary rule. Some individuals feel...
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...Probation and Parole in the United States: Changes in the Correctional System since World War II Scott Lohr Pennsylvania Highlands Community College Abstract Employee security problems and high risk caseloads progressively will move agents away from customary probation ideas of casework in the direction of ideas lined up with control or disciplinary beliefs. This study analyzes how the role of probation and parole has altered and what the future will be like counting on how we respond to the alterations at hand. This study also reviews changes in the criminal policies that have transpired. Probation and Parole in the United States: Changes in the Correctional System since World War II Under Florida law, the Department of Corrections is to keep the public safe and out of harm’s way, supply a protected and friendly environment for employees and criminals; work in joint venture with the community to add programs and services to lawbreakers; and oversee criminals at a grade of security appropriate with the hazards they present (Florida Department of Corrections, 1992). These duties pose marvelous trials for the employee’s management of the Florida Department of Corrections and the corrupt justice system as a whole. To have an insignificant impact on these matters, the system must make some foremost changes in how corrupt justice is distributed. This is necessary as the crime rates continue to rise; as courts misplace their influence in deterring crime by equalizing...
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...Practice in Courts In reviewing the court system of the United States there is a definite hierarchy between the trial courts, appellate courts and the supreme courts of both the state and federal levels. However, the actions of the court systems move at such a slow and hindered pace because of the bureaucracy of motions and objections among many others. The following is a review of the type of court system the United States has and why. Along with judges sentencing goals and philosophy; and sentencing innovations. Dual Court System The United States has a dual court system, comprised of the State Courts and the Federal Court Systems. Within both the State and Federal court systems there are several levels of jurisdictions. The state courts have trial courts where there is specific jurisdiction and courts of general jurisdiction, then the appellate courts and finally the state supreme court. The federal court system is similar to the state courts in that there are trial courts, courts of appeals and finally the highest court in the nation is the Supreme Court of the United States. Another piece of the federal court system is the Military trial courts, the Military appellate courts and then they will also report to the Supreme Court of the United States. Why does the U.S. have a Dual Court System? “This dual-court system is the result of general agreement among the nation’s founders about the need for individual states to retain significant legislative authority and judicial...
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...Due Process Paper Cynthia Casillas CJA224 February 8, 2012 Carl Heintz Due Process Paper The establishment of the United States Constitution was a monumental time in countries history. Individual liberties and rights are the characteristics which identify America among the rest of the world. In addition, the rights and freedoms of the countries residents is equally if not more important. The legal system of the United States is based on an adversarial; meaning that event through legal prosecution, the individual rights of the defendant is still protected by the system. Due Process is a concept which applies to both the accused and the party which is against the accused. The adversarial system states that the battle throughout the case between the state and the defense, the truth will ultimately prevail and justice will be served. Although the result of the case will remain lawful, it’s important for the competition between the two parties to remain lawful as well. Furthermore, it’s very important for the constitutional rights of the defendant to remain intact throughout the entire criminal procedure process. Due Process and the Rights of the Accused: The Criminal Procedure Process There must be an individual who has sufficient evidence to present in court which establishes a crime was committed by the defendant, is in progress, or will take place before entering the criminal justice system. Without probable cause an arrest cannot be made, and crimes would go unsolved...
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...Myia M. Hardy CJA/204 Introduction to Criminal Justice Instructor: Ron Furtado November 1, 2011 The criminal justice system is a set of legal and social institutions for enforcing the criminal law in accordance with a defined set of procedural rules and limitations. In the United States, there are separate federal, state, and military criminal justice systems; each state has separate systems for adults and juveniles. Criminal justice systems include several major subsystems, composed of one or more public institutions and their staffs: police and other law enforcement agencies; trial and appellate courts; prosecution and public defender offices; probation and parole agencies; custodial institutions ( jails, prisons, reformatories, halfway houses, etc.); and departments of corrections (responsible for some or all probation, parole, and custodial functions). Some jurisdictions also have a sentencing guidelines commission. Other important public and private actors in this system include: defendants; private defense attorneys; bail bondsmen; other private agencies providing assistance, supervision, or treatment of offenders; and victims and groups or officials representing or assisting them (e.g., crime victim compensation boards). In addition, there are numerous administrative agencies whose work includes criminal law enforcement (e.g., driver and vehicle licensing bureaus; agencies dealing with natural resources and taxation). Legislators and other elected officials...
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...Prison Life and Recidivism Karen Cavanagh CRJ303: Corrections Instructor: Gary Gonzales September 19, 2011 Prison Life and Recidivism Prison recidivism is a problem in the United States, resulting in prison overcrowding. As the government struggles to address the conditions in prisons, researchers have begun to look at alternatives to incarceration. These alternatives can result in lowering crime, recidivism and the prison population. The numbers of people in the United States spending time in prison and the amount of time people are spending is an enormous problem and cost for every state (Langan & Levin, 2002). Prisons correctional role is mainly formed from the special strict environment where sentenced people are placed for a certain period of time. The difference in life conditions, that are stricter, more formal as well as restricted, forces on the sentenced person and has a correctional and educational function on his consciousness of a person. Prisoners have less freedoms and rights than those who are out of prison. They are forced to obey the rules of the correctional facility that includes a strict scheduled daily life, limit time for outside activities out of the cells, limited access to visitors and limited time of the visits. Prisoners in the United States have a shorter period of time for visitors to visit prisoners compared to other countries. The life of prisoners in the correctional institutions is based on the authoritarian regime of the prison’s...
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