...pains associated with crime outweigh it's benefits.” (p. 95). In other words, general deterrence uses the punishment of one person's crime to teach the rest of society that this is what will happen to you if you commit this crime or any crime like it. It is meant to scare others so that they will not commit crime. Siegel (2011) defines specific deterrence as “the view that criminal sanctions should be so powerful that offenders will never repeat their criminal acts.” (p. 99). This form of deterrence is geared at stopping the offender from re-offending by making their punishment as harsh and unpleasant as possible. Today in society, the main concern with the criminal justice system is deterrence. The question is, what types of deterrence do we currently use and do they work? In this paper, we will overlook a few forms of deterrence that are currently used in the American Criminal Justice System. The most frequently used form of deterrence is imprisonment. This is also the oldest form of deterrence. The majority of society believe that the harsher the punishment the better. The mindset is to lock everyone up that has committed a crime and throw away the key. This obviously doesn't work for many reasons. There are not enough prisons in America to lock up every person that commits a crime. Usually if a criminal is going into a prison, then there has to be a prisoner that is coming...
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...Probation: A Crime Control Policy Yarahi Reinaldo Florida International University April 17, 2011 Abstract Probation is one of the alternative responses for prison overcrowding, and it is the primary prosecutorial instrument in the war of drugs. It is an agency that plays two roles in the criminal justice system: it works as a law enforcement agency (protecting the society) and it provides social service (offering rehabilitation for minor offenders who pose minimal risks to public safety). The state department of corrections is in charge of probation when this is fulfilling its executive function. On the other side, the local courts or the state judiciary is responsible for probation officers when it plays its judicial role. Probation’s law enforcement function belongs to the executive branch and its social role fit into the judiciary branch (probation officers bound by the will of the court). Probation, as an alternative to incarceration, is one of the most frequent sentences used in United States. It brings benefits to the individual and the government. The offender receives a sentence while not staying in prison, and the government saves money on not sending the offender to incarceration. Juvenile offenders occupy a decent number on the probation system. More than half of juveniles who receive a juvenile court sanction are placed on probation (Worrall, 2008). This could have the explanation that our criminal justice system is more dependent on...
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...influence human services. Professional disciplines that influence human services are mental hospitals and clinics, and probation services and jails. 3. How have societal viewpoints concerning mental illness or health influenced human services over the past three centuries? Before the American Revolution those with mental illness were left in the care of their families. If they had no family, there were placed in Almshouses. They were often locked up in the attic or cellar by their families. Some of them were even left to roam the countryside alone. 4. How have societal viewpoints concerning child welfare influenced human services over the past three centuries? There are many social viewpoints concerning child welfare that influenced human services because these children were put into juvenile facilities. They were put in crowded and poor conditions. This ultimately led to children being put in private homes because many people believed that children were the most vulnerable and deserving group in society. Other forms of child welfare were mother or widow pensions, juvenile courts, probation systems, and specific laws for children. 5. How have societal viewpoints concerning incarceration and probation influenced human services over the past three centuries? The earliest form of probation began in 1813, when Judge Peter O began placing youthful offenders...
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...them want to change for the better. Personally I’ve seen how hard it can be for a former inmate to be accepted back into society and it was far from easy. Sure they went back a time or two but now they’ve learned their lesson and have changed their ways. Moving on to juvenile detention centers, there are more for minors as you may already know, but facilities like these have the potential and resources to help minors back onto the right path and away from prisons and jails. Community sentencing, These are sentences given by judges who have three options to choose from “prison, community service or pay a fine.” the sentencing depend on the crime that has been committed by the convict. Some of these sentences involves community service (picking up trash, painting over graffiti, or redecorating community property etc...) there are a specific number of hours given to the offender and those must be completed in the time frame given. Another form of community sentencing is having the criminal attend mandatory groups/programs that are made to help him or her change their behavioral patterns....
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...courts; they are retribution, incapacitation, deterrence, and rehabilitation. Juvenile courts are similar to how that adult court systems, but there are several differences of the two. Both systems work at trying to keep crime from occurring, and they both us some sort of sentencing and punishment for the criminals that are found guilty, they use the punishment philosophy that courts use to determine a punishment suitable for the crime and that will help with future prevention of crimes happening from the same offenders. Six forms of punishments go along with the four philosophical forms. The first philosophical reason is retribution; this is the earliest form that is known as a rationale punishment, it followed the Old Testament of and Schmalleger (2011) “eye for and eye” and a “tooth for a tooth” (p. 373). In the case of minor crimes, it was supposed to lower the severity of punishments. In today’s world it corresponds to what is called just deserts a form of sentencing holding criminals responsible for the crimes that they commit. Once they are convicted they are known to have gotten their “just deserts”. The second is incapacitation, this sentencing is for the law abiding citizens and protects them from the criminals that may harm them and can also prevent an individual harming someone. In the ancient years amputation and mutilation of an individual’s extremities had been used for prevention on a person committing another crime, but modern day incapacitation thy separate...
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...modern penology, the real purpose of sending criminals to prison is to transform them into honest and law abiding citizens by inculcating in them distaste for crime and criminality” (US-China Law Review; Mar2010, Vol. 7 Issue 3, p15-29, 15p). In United States of America the correction system provides many programs that are designed in order to rehabilitate inmates. Some of those programs include religion related services like Bible study groups or religious congregations. The other forms can include art crafts, sports, found raising activities or prison work assignments. For those offenders that are struggling with addictions, there are drug and alcohol treatment programs that offer anonymous group meetings. Also, definitely as a one of very supportive programs is visitation with family and nonfamily outsiders. Parole it is a supervision that offender receives after being released from the prison. It is a similar to probation method of supervision when it comes to its conditions. Just like on probation, while on parole the convict has to obey the law, stay away from substances like drugs and alcohol and report to his or her officer until the parole is over. The word parole came from old French parole d’honneur which means “word of honor” (Burk Foster, Corrections The Fundamentals). In United States of America parole came to life at the end of 1800’s and by...
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...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 Commission on Criminal Justice Standards and Goals, A National Strategy to Reduce Crime, Washington , U.S. Government Printing Office, 1973p: 121. In fact, some form of treatment ideology can permeate the most restrictive and security-oriented institution . The major difference between the treatment and punishment...
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...II. Defendant # 1 Manny Ramirez Age: 21 * Criminal History * Disordering Conduct, Sentenced to 30 days in jail, one year probation (1) * Possession of Marijuana, Sentenced to 60 days in jail, 2 years probation (2) * Theft by shoplifting, Sentenced to 60 days in jail, one year probation (2) * Total Criminal History (7) * Current Offense (Base Offense Level and Total Offense Level) * Manny Ramirez was taken into custody with possession with intent to distribute more than 1, but less than 3, kilograms of marijuana. The undercover officer who made the arrest reported Ramirez having a loaded 9mm handgun on his person. * According to the §2D1.1 Guidelines Manual, at least 1 KG but less than 2.5 KG of Marijuana , results in a Base Offense Level (10) * Possession of a dangerous weapon increases this by 2 levels * Total Offense Level (12) * Guideline Range of Imprisonment 21-27 months Defendant #2 Martha Stewart Age: 42 * Criminal History * Operating a Vehicle While Intoxicated, sentenced to 30 days in jail, 2 years probation. (1) * Prostitution, all jail time suspended, placed on probation for one year. (0) * Total Criminal History (3) * Current Offense (Base Offense Level and Total Offense Level) * Martha Stewart was arrested for the distribution of more than 10, but less than 15 grams of cocaine base crack...
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...The most common crime of sentences is fain. The courts give fine to less dangerous crimes. Also, the fine punish guilty people on financially. They do not have limited amount to money to spend depend about how less dangerous is and what is the offenders ability to pay. For example, driving a car on high speed limit or across the traffic light or do not licenses. In addition, when offender cause harm to victims, the offender should be payment to victims. Also, you should be payment to court. However, when someone cannot pay, they can ask court to pay instilments sometime the court accepts sometime the court does not accept. If someone does not pay, the court takes money in different ways. For example, further court hearings or take benefit form fine. But when someone ignores the court to pay the fine this person will be go to...
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... he or she is sentenced to a federal prison, but if he or she where to be receiving threats because he or she witnessed a drug deal while dealing he or she is sent to jail for protection. Jail and prison have always had bad reputations of violence occurring inside the facility. Therefore, those who are let out early on good behavior are ecstatic to be out of such chaotic environment. Upon being released the individual will be placed on either probation or parole. Both probation and parole have law enforcement professionals who will supervise the newly reintegrated individual while he or she is trying to get his or life back on track. Parole and probation officers often encourage the individual to enroll into school or start a new career. There are three security levels of prisons and there are two types of prisons. The two types of prisons are Federal and State prisons. Federal prisons hold individuals who commit federal crimes such as smuggling drugs. State prisons hold individuals that are convicted of crimes of the State. The three levels of security of prisons are minimum, medium, and maximum security prisons. Minimum security prisons contain individuals who committed nonviolent crime such as tax fraud or forgery. Medium security prison contains individuals who committed an assault crime such as armed robbery. Maximum security prison contains the individuals who committed a serious crime such as murder, kidnaping, and rape (Schmalleger, 2011). The dissimilarity between...
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...Rehabilitation and AB109 Paper Denise Atkinson CJA/234 Joseph Dempsey October 17th, 2012 Rehabilitation and AB109 Paper Offenders are always punished in different ways. Fundamentally, this is in a bid to restore and enhance a desirable state of social cohesion. The characteristic rehabilitation refers to efforts geared toward enabling an individual too effectively to readapt to society and assume practices which are consistent with the societal rules and regulations. In his research, Gottschalk (2006) indicates that the origin of the practice of rehabilitative imprisonment can be traced in penitentiaries constructed at the close of the nineteenth century and were informed by biblical principles. Offenders left in solitude have a chance to reflect penitently over their felonies and are therefore likely to transform or cleanse themselves. With time, discipline, and hard labor were introduced in the practice to be partaken silently. This, according to the reformers helped the prisoners to meditate over their felonious practices. The rehabilitative efforts have undergone various changes and currently, most of them assume a more community based approach. The common method employed in this regard pertains to parole. Woodard (2011) defines parole as the release of an imprisoned offender who agrees to established rules even though he or she has to be closely monitored for a given period. This release is provisional and allows the offender to serve the remaining term from...
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...is why punishment was so harsh to have the evil removed from them. In today’s courts sentencing and punishments are a lot less harsh than they were back in history. Today we have fines, probation, and imprisonment to deter criminals from committing crimes. There are many things that are different but the one punishment that is the same is capital punishment. If you took the life of someone today or back then your sentence was and still is death. Although sentencing is different criminals still do not like the consequences. There are six forms of punishment. They are fines, probation, imprisonment, restoration, alternative punishment, and death. Fines are one of the oldest forms of punishment. Fines can favor the wealthy and discriminate against the poor. Fines are the mildest form of punishment. In many cases fines are added to criminal’s sentences. Generally fines are associated with mild arrest such as traffic fines, speeding tickets, and fines for driving under the influence. Probation is a punishment that allows criminals to remain at home to serve their sentence. In some instances they may have to have a job or go to counseling. There will be a probation officer assigned to the criminal by the judge that will be in charge of them. If at any point a criminal violates their probation they will have to serve the rest of their sentence in...
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...In order to study the past, present and future implications of the probation and parole system, I had to study the history of both. I will begin with the history of probation and then talk about the history of parole. I will also talk about how probation and parole work in the present and how and what will happen to both probation and parole in the future. Probation comes from the Latin verb probare which means to prove, to rest. Probation was first introduced to the United States in 1841 when a boot-maker by the name of John Augustus attended court to bail out a drunkard. This offender was released to the custody of Mr. Augustus making him the first true probation officer, the offender was told to return to court in three weeks time for sentencing. During the time the offender was in the custody of Mr. Augustus he cleaned up his appearance and demeanor. Mr. Augustus had the belief that abusers of alcohol could be rehabilitated through the use of understanding, kindness, and sustained moral suasion not convictions and jail sentences. His beliefs were based on his affiliation with the Washington Total Abstinence Society, they abstained from alcohol. Augustus was a volunteer probation officer for 18 years. He began the practice of evaluating the prospective probationers paying close attention to whether the candidate would prove to be a successful candidate for probation. Things that were considered in a successful candidate were the character, age, and influences...
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...prison and jail constructions, based on the cost per offender. These programs provide local courts, state departments of corrections, and state parole boards with a broad range of correctional options for offenders under their jurisdiction. The overall goals of these programs are to fit the appropriate punishment with the crime, the offender is punished and held accountable, and the public safety is protected. There are several programs available as an alternative to incarceration, the earliest being probation. Probation is still widely used for first time offenders. This program allows the offender a sort of second chance in the community. Offenders on probation must report to their probation officer anywhere from once a month to three or four times a week depending on their case need. On the average offenders are required to report once a week. Aside from reporting to their probation officers, offenders may have certain criteria they must meet and accomplish as a condition of probation. Some of the conditions may be a...
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...variety of treatment programs to improve offenders and to provide them with the tools necessary to be successful members of society (Seiter, 2011). The need for rehabilitation of offenders was emphasized by the Commission on Law Enforcement and the Administration of Justice, appointed by President Lyndon Johnson in 1966, which noted a need for “substantial upgrading” of the correctional system and its reorientation “toward integration of offenders into community life” (Seiter, 2011). Throughout the years, many processes have been created to form the rehabilitation process of criminal justice. This process has reached out to many offenders and their families by allowing them to return to the community as changed individuals. Rehabilitation has many different process, but most, if not all have been proven successful in returning offenders to the community as changed individuals (Seiter, 2011). Rehabilitation is defined as a return to a previous form. In criminal justice, rehabilitation is referred as a designed attempt to change attitudes and behaviors of inmates, concentrating on the prevention of an inmate's future criminal behaviors (Seiter, 2011). The emphasis of rehabilitation is clearly proactive and focused on preventing future crimes. Correctional officials believe this may be their most important function, protecting society in the long term by reducing...
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